To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

fl OF THE
THE ONE HUNDRED AND SEVENTH
AND IN THE
,
ZTI-7-1r=
a,
LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
CHAPTER I.
AMENDMENT TO THE CONSTITUTION PROPOSED.
AN ACT to propose an Amendment to Section 57 of Article a of the
,Constitution of this State.
Be it. enaeled by Me Senate and House of Reibresentatives of
the State of Delaware in General Assembly met, (Iwo-Mire's
of each house deeming it necessary and concurring herein, and
by and with Me a.k5robation of the- Governor):
SMTiON I. That the following amendment be and the Amendment
same is hereby proposed to the Seventeenth SeCtion of Article ttu72tcf:
II Of the Constitution of this State, as altered by an amend-ment
proposed in and by an aEt -passed April 3d, ,1873, and proposed.
ratified by an aa passed JaiMary Z8th, -1875,- viz:
Strike out of said Seaion 17, as altered and amended as Chapter 352,
aforesaid, the words following: "The Legislature shall have Pi°,1upntler
power to enaa ageneral incorporation ael to provide incor- 'um".
poration for religious, charitable, literary and manufacturing
purposes; and for the preservation - of animal and vegetable
food, building and loan associations, and for draining low
lands ; and no attempt shall be made in such aa or otherwise
to limit or qualify the power of revocation reserved to the
Legislature in this seaion."
And insert in lieu thereof the words following:
"The General Assembly shall also have Power, by con-
Provisioncurrent vote' of two-thirds of each branch thereof, to enaa fncorpera.
general laws prOviding for' the Creation of municipal or tion Act.
4 tAws OF 'DELAWARE:
CONSTITUTIONAL AMENDMENTS.
EiceptiOn, private corporations, excepting railroad and canal. Companies;
Provided that the power of revocation in this seEtion, reserved
shall apply to corporations- created -under general laws in the
same manner and to the same extent as to those Created by
special aEts of the General Assembly; And prOvidid,-:.also,
that this amendment shall not affect any general incorpora-tion
a6ts heretofore enacted, nor any corporation created
thereunder."
Secretary of SECTION 2. That the Secretary of State be . and he. is
State to pub.
lish the nereby directed, after the Governor shall have approved of
=den, the above proposed amendment and this aEty4u1y.:to-pnblish
in two or the above propped amendMent and this a& in two or More more news-papers.
newspapers in this State, for the conSidemtion of the people,
at least three and not more than six months before the- next
general election of representatives in this State.
Passed at Dover, March 28, 1883.
CHAPTER .2..
AME.NDMENTS TO THE CONSTITUTION PROPOSED.
AN ACT proposing Amendments to. the Constitution for the purpose_ of
Increasing the Number of Senators and Representatives in the Gen-eral
Assembly.
Be it enaRed by the Senate and .House, of Representatives
of the Slate of Delaware in General Assembly met; (Iwo-thirds
of each house deeming it necessary and .concurring,
and by and with the approbation of the Governor):
Sreicso nd and SCTION I. That the following: amendments be and the
rdA rticle same are hereby proposed to the Second and Third SeEtions
tion mend-
2 Constitu- of the Second Article of the Constitution of this State: .
ect. First, Strike out the third clause of the said Second Sec-tion
reading thus: "There shall be seven RePresentatives
chosen in each county, until a greater number of Represent-atives
shall by the General Assembly be judged necessary;
LAWS': OF -DELAWARE::
CONSTITUTIONAL 'AMENDMENTS.
and ,theiic'tWo=thirds. of 'each branch of' the "Legislature l ton-curring,
they in4)- hrlaw' make provision for iincieairig their
number,'' : and; in ;lieu -thereof Substitnted'and'adOptthe follow-ing,
; viz : Honk ,"of :-RepreSentativei:shalr;cdnsisi' of Itepresenta-twenfy7five'lmernbers,--.
eieVen:rof.- Whom" Shall be.'ehoseii..from :zu e.!.:. ber in-
NewCastle, County,- seven. frOin Kent COniityand: .se-Veri' froth creased.
Siissex.;County: PriniFi-kaythat,' Of the :eleven Representa7 Moue
tives from New Castle' County, four shll,be ,chosen by the tam' Cos:
citizens -residing.hrthe,City of WiIniingtorii: and seven by the de County'
Citizens. residing in the.residne,'Of said county At eack'bi- Presiding
ennial :session of the Honk- of. Representatives,' the 'perSOno'
who' was' Speaker: of the 'HotiSe of.'RepreSentatives the' -
time Of .its :next preceding adjoin-nth* sine die 'shall'preside,
absent Or disqualified; the person-Who was Speaker pro
lonfiore at the time of' said ,-adjournment, and 'give a casting
vote if the Representatives' be' 'equally divided, 'Until' its Tie.
Speaker and other offiCers shall be duly_ chosen and 'qualified."
Second, Strike out the third clank of the Said Third Sec- _ .
tion reading thus: "There shall be three Senators chosen in
each county. When a" greater number of Senators shall by
the General Assembly be judged necessary, two-thirds of each
branch concurring, they may by law Make' provision for in-creasing
their number., but the number of Senators shall
never be' greater than 'one-half,- nor less than one-third of the
number' of Representatives," and in lieu. thereof Substitute
and-adOpt the following, ; "There shall be four Senators Senators.
chosen froth each county.' Provided, that of the four Senators cNreugeb,tr
from New Cagle' County, two 'shall_ be chosen by the .citizens Proviso.
residing., in the .City of Wilmington and two by the citizens JS
residing 'in 'the tesidue_.Ofisaid, At each hiennfal tie ce""tY.
session of the Senate the person 'who was Speaker Of 'the Presiding
Senate at the time of its next preceding adjournment sine officer.
die shall preside, or, if absent or disqualified; tlie person who
was Speaker _pro temfiore at the time of said adjournment,
and give a casting vote if the Senators be equally dividedole.
until its Speaker and other officers shall be duly chosen and
qualified.'
SucTioN 2.. That the 'offices 'of such as may be Senators Adoption of
and Representatives at the time of the ratification of the
foregoing amendments to the Constitution, shall not be Vaca7
ted by any of the' provisions of said 'amendments, nor other-wise
affeEted. The . first eleEtion for Representatives- under Time of
the Constitution as amended by said provisions, shall be held alucti".
at the general eleEtion, on the Tuesday next after the first
6 LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
Monday of November, in the year of our Lord\ one thousand
eight hundred and eighty-six. At the said 'general eleolion
there shall be three Senators eleEted for each of the counties
of this State, by the citizens 'of said counties respeEtively,
under the provisions of the Constitution so amended as afore-said,
one of whom shall be so eleEted to serve as a Senator
Terms of for two years froth the day of his eleaion and no longer, and
the others to serve as Senators for and during the full terni of
four years from the day of their eleEtion and no 'longer; :pro--
Proviso. vided, that of the three. Senators icif New Castle County so to
APPI" - be ele6ted one shall be chosen by the citizens residing in the to New Cas
tie County. City of Wilmington to serve as a Senator for four years as
aforesaid, and two by the citizens residing in the residue of
said county, one thereof to serve as 'a Senator for two years
as aforesaid, and the other for four years as aforesaid; and two
Senators shall be eleEted from each county biennially there:-
Meetinf of
Genera -
after. The first meeting of the General Assembly under the
As
sembly. Constitution so amended, as aforesaid, shall. be on the first
Tuesday in January, in the year of our Lord one thousand
eight hundred and eighty-seven, and the meetings of subse-quent
biennial sessions on the first Tuesday in January in
every second year thereafter.
If approved SEcnoN 3. That the Secretary of State of this State be
by Governor
sccroary orand he is hereby direaled, after the Governor shall have ap-
State shall proved of the above proposed amendments, duly to publish publish in
two or more the above proposed amendments, and this aEt, in two or more
%TIP' newspapers of this State, for the consideration of the people,
at least three and not more than' six months before the next
general eleEtion of Senators and Representatives in this State.
Passed at Dover, Mare4 30, 1883.
LAWS OF .DELAWARE.
CONSTITUTIONAL AMENDMENTS.
CHAPTER
AMENDMENT TO THE ,CONSTITUTION PROPOSED.
AN ACT proposing Amendments to Article VI of the Constitution of this
State.
. .
Be it enaaed. by the Senate and House of Refiresentatives
of the Stale of Delaivizre in General Assembly met, (two-thirds
of each house deeming It necessary and concurring
herein, and by and zath the afifirobation of the Governor):
SECtioN 1. That the following. amendments be and the Amend.
same are hereby proposed to Article VI of the Constitution
of this State,. to wit :
Constitution
Strike out SeEtion 2 of said article and insert the following section ad
in lieu .thereof amended.
"There shall be five jitdges in the State, who shall be Number of
appointed for twelve years and may be re-appointed for any Lrff.
number of like terms. One of them shall be Chancellor and
another Chief Justice, who may respeEtively be appointed
from and reside in any part of the State. The other judges
shall be Associate. Judges, who may be taken from any part
of the State, but after appointment each shall reside, during
his term, in the county for which he is appointed. The
persons in office at the time of the ratification hereof shall
hold their several offices without re-appointment for the term
of twelve years thereafter, and the Associate Judge then
residing in any county shall be the resident judge of that
county within the meaning of this amendment.
"The General Assembly shall have power, with the concur- ItunIcIpal
rence of two-thirds of all the members of both houses, to Ery"dnwil.
establish a court of law and of record in the City of Wilthing- mington.
ton, and to confer such jurisdiEtion, civil and criminal, as it JUthdiction.
may deem proper, except of felonious homicide and other
capital felonies; and in case of the establishment of such
court, a judge therefor shall be appointed by the Governor tigteedr
for the like term as the judges herein mentioned; to reside, :r.:. ovnqrnorY.
luring his term, in the said city, and with such compensation 7:
as may be provided by law; and the General Assembly may tim
)rovide for the appointment of suchofficers as may be needful Appoint-for
ssuucchh court, and for the regulation of process issuing there-rom,
and for granting writs of 'error from the Court of Errors CUL
LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
and Appeals to determine matters of error in its 'judgments
and proceedings or the privilege of appeal to the .Superior:
Court in civil cases or to the Court of General Seseions of
the Peace and Jail Delivery in criminal maters, and generally
may provide for all other things rendered necessary by the
establishment of such court."
Amend Seaion 3 of said article by striking out all the first
paragraph to the word "business" inclusive, and inserting
the following in lieu thereof, to wit : .
Superior "The Superior Court in each county shall consist of the
Court. Associate Judge, residing in that county. He shall' hold
court therein during such terms as may be provided by law,
but not fewer than two tenns during each year, 'and may
make all rules for expediting business."
Amend Seelion 4 of said article by striking out the first
three periods to the word* "court" inclusive, and inserting
the following in lieu thereof, to wit :
Court of "The Court of General Sessions of the Peace and Jail
General Ses- e. sions of the .1.J livery shall be composed in each county in the same man-
JPaeial cDe ealinvd- ner as in the Superior Court. Its terms shall be Such as may
ery. be prescribed by law, but not fewer than two terms during
each year."
Section 6 Amend SeEtion 6 of said article by striking out the first
amended, three periods to the word- " court " inclusive, and inserting
the following in lieu thereof, to wit :
"The Court of Oyer and Terminer shall consist in each
county of the resident judge thereof."
Also amend said Seaion by striking out the last period
thereof and inserting the following in lieu thereof, to wit
Judge "No judge in any of the courts of this State shall charge
schhaalrlg neo ot n juries with respect to matters of fact, but shall only declare
matters of the law. In all capital felonies, and in such other criminal fact. cases as the General Assembly shall provide, the accused,
Writ of error after conviction and sentence, shall have the right to a writ
in certain
cri minal or error, to be issued out of the Court of Errors and Appeals,
cases, as in other cases, but such writ shall be made returnable to
the next session of said court to be held after such sentence
Priority, and shall have priority in said court over all causes of a civil
nature and shall be heard and determined at said session;
unless the said court, for cause shown, shall deem that sub-stantial
justice requires its cohtinuance. In case any judge
amended.Sect
Section
Court of
Oyer and
Terminer.
Writs of
error.
Appeals.
Section 3
amended.
LAWS OF.. DELAWARE. 9
,
CONSTITUTIONAL AMENDMENTS.
whose -duty it shall be to hold 'the. said 'Superior Curt, Court
of General' Sessions of the Peace and CPurt
of.0yerind Tel-Miner, -shall be unable or disqualifiedi.through
interest. Or otherwise to Sit at any term Or in any cause, the whlu Chief
Chief justice Shall sit in his stead. In the. absence' of the Justice
5
judge, the clerk of either of the Courts of Chancery-, Superior When Clerk
Court, Court Of Oyer!and .Terminer; Court of .GenerarSessiansma ltla ,onu rn
of the Peace and Jail :Delivery, and Orphans' CoUrt,' MaY, Courts.
upoh his order, open aid adjourn the same."
Amend Sealion 7 of said article by striking out the first section 7.
paragraph to the word "absence,": inclusive, aild inserting ame "
the following in lieu thereof, to wit:
- "The Court Of Errors and Appeals shall have jurisdielion court lir.
to issue writs of error to the Superior Court, Court of Oyer rpTI.
and Terminer, and Court of General Sessions of the Peace and
Jail Delivery in all cases where such writ is given by this
Constitution or prescribed by the General Assembly, and to
determine finally all matters in error- in the judgments and
proceedings of said courts, and to receive appeals from the
Court of Chancery, and to determine finally all matters' of
appeal in the interlOcUtory or final decrees and proceedings
in chancery. The Court of Errors and Appeals upon a writ Who coin-of
error shall consist of the Chancellor, the Chief Justice and pose, etc.
the Associate Judges who did not sit in the court below, If
the resident judge who ought to have tried the cause below
did not there sit, he shall sit in the said cause in the Court of
Errors and Appeals, unless there be legal exception to him.
If the Chief Justice sat hi the cause below, he shall not sit in
such cause in the Court of Errors and Appeals. Upon a writ
of error the Chancellor shall preside, but 'in case of his ab-sence
or disqualification the Chief Justice shall preside, or
should he be absent or disqualified, the senior associate present
shall preside. Upon appeal from the Court of Chancery, the
Court of Errors and Appeals shall consist of the Chief Justice
and the Associate Judges. The Chief Justice Shall preside,
but in case he be absent or disqualified the senior associate
present shall preside. Any three of them shall be a quorum,
either upon a writ of error or appeal."
Amend SeEtion 7 of said article further by striking out the Amend Sec.
word four" first occurring in paragraph two,. and.inserting"" 7'
in lieu thereof the following, to wit:
"all the other,"
2
I0
Report of
Decisions.
Section 8
amended.
Section to
amended.
LAWS OF DELAWARE'.
CONSTITUTIONAL AMENDMENTS..
Amend Se&ion 7 of said article further by striking Out the
last paragraph beginning with "Upon appeal"' and ending
with 'quorum," and inserting in lieu thereof the 'following
words, to wit:
"The General Assembly shall provide by law for reporting
the decisions of the said Court of Errors and Appeals; 'Court
of Chancery, Superior Court, Court of Oyer and Tehniner,
and Court of General Sessions of the Peace and Jail De-livery."
Amend SeEtion 8 of said article by striking out these words,
to wit:
"Sitting in the Superior Court without the associate
judges."
Amend said SeEtion by inserting after the: word "inter-ested"
the following words:
"as having been of counsel in the case or otherwise."
Amend said article further by striking out Se6tion io
thereof and inserting the following in lieu thereof: .
Orphans' "The Orphans' CouKt in each county shall be held by the
Court. Associate Judge residing in the county, but-in case such judge
shall be unable or disqualified, through interest or Otherwise,
When Dia to sit at any time or in any matter, the Chief Justice shall sit
Justice may in his stead. In all matters involving a right to real estate mt. or to the appraised or other value thereof, and also as to such
other matters as the General Assembly may provide, there
Appeal to shall be an appeal to the Court of Errors and Appeals. Upon
tEhrer oCrs° "a"n d° f such appeal the said Court of Errors and Appeals shall be
Appeals, composed in the same manner as upon a writ of error. The
Jurisdiction. Orphans' Court shall have all the jurisdiEtion and powers
vested by the law of this State in the Orphans' Court."
Amend Seelion 14 of said article by striking out the first
period thereof to the word "each" inclusive, and inserting
the following in lieu thereof, to wit:
Compensa. " The Chancellor and judges shall respeaively receive for
tion. their services an annual compensation which shall be paid
quarterly, and shall not be less than twenty-five hundred dol-
General M. lars, but the General Assembly may increase the compensa-sembly
increase.
may tion of all, or any of them, and may regulate and apportion
any such increase according to justice."
Section 14
amended.
LAWS OF DELAWARE.
CONSTITUTIONAL AMENDMENTS.
Amend&ion. 21 of said article by inserting in the second Section 21
paragraph thereof after the Word "by,. ' first occurring therein; am ae a
the following, to 'wit:
"such executor, administrator, guardian or other.".
- . Amelia Said SeCtion 21, in the.same paragraph, by striking Sectiodnds
[out) the words " Orphan's' Court for-the County," and insert- amen '
ingin 'lien thereof the following words, to wit:
"in the Court of Chancery for the county, in term or be- Court of
Chancery fore the Chancellor at chambers ;" substituted.
Amend said Se6tion 21 by dding thereto the following
words, to wit:
"Such adjustment and settlement shall be final."
Amend Se6tion 22 of said article by striking out the words,
"Superior Court," wherever they occur therein, and insert-ing
in lieu thereof, respeEtively, the -following. Words, to wit':
"Court of Chancery."
Amend said SeCtion further by adding thereto the following
words, to wit:
"Such appeal, in either case, may be heard and decided ti'Lrl!yie.
by the Chancellor sitting in term or at -Chainbers. The Reg: Can
ister shall have power to order issues of faal to : be tried by a Fntheagirnstbers.
juni in the Superior Court, as may be prescribea by law.' 1 may order
jury trial In
Amend said SeEtion further by striking out the words Superior
Court.
"Orphans' Court," and inserting these words: Associate
"Associate judge residing in the county." ljnugdfne tries. id-.
coi=sub.
SMTION 2. That the Secretary of State of this State be St
and he is hereby direCted, after the Governor shall have ap- secretary of
proved of the above proposed amendments duly to publish Metht: pub. .
the above proposed amendments, and this aet, in two or more proposed
amendment newspapers of this State, for the consideration of the people, in two or
at least three and not more than six months before the next
pinaopreersi!.ew.s. general eleCtion of Senators and Representative's in this "nm'
State.
Passed at Dover, April 19, ,1883.
1 2 LAWS OF DELAWARE:
TITLE FIRST.
Of the Jurisdiction and Property of the State; its Lekis-lation
and Laws.
CHAPTER 4:
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
AN ACT dividing the Christiana Hundred Northern Election District into
two Election Districts.
Be it enaaed by the Senate and House of Refiresentatives
of the Slate of Delaware in General Assembly met
Christiana SECTION i. That for the purpose of holding ele&ions for
Northern
Hundred state and county officers, in Christiana Hundred Northern
El"ti" EleEtion DitriEt, the said northern eleEtion distri& shall be District di.
vided into divided into two eleEtion distries, northern and western.
two Election
Districts. The Christiana Hundred Western EleEtion - Distri& shall be
Northern composed of all that portion of said_hundred lying north and
and Western west of a line beginning at a road on the Brandywine-at
Division Rockland paper nulls and running thence in a westerly direc-boundaries.
tion by the course of said road to a point where said road
interseEts the public road leading from Flemings to Centre
Meeting and south of DuPont's Station on Wilmington and
Western Railroad, thence by said Fleming road to a point
where the road leading to Campbell's shops interseEts said
Fleming road and north of said Wilmington and Northern
Railroad, thence by said road leading to Campbell's shops
and by said road crossing the Kennet turnpike and continuing
by the several courses of said road to the mill formerly known
as Fulton's mill ; thence by the stream running from said
mill, by its several courses and windings, to where it empties
into Red Clay Creek.
Elections. SECTION 2. The eleEtions for the said Western EleEtion
Where held. DistriEt shall be held at the public house belonging to George
LAWS e OF DELAWARE. 13
OF SOVEREIGNTY,' JURISDICTION AND LIMITS.
Lane-aster, in Centreville and the eleelions for the North
ChriStiaua Elea-lion Distrfat shall be held at the risual place as
heretofore.
Sn'tro'N 3. At the 'said places shall be held the general Electors to
eleations, all special eleations, for .the members of theilerai vote; where
Assembly and 'Representative , in , Congress, 'el:ea-lions for
Eleators of President and Vice President of the United States,
and eleations for Road Commissioners, for Assessors of said
hundred, and for Inspeators of said eleation distrials. The
eleators residing in said hundred shall vote in the eleatiOn
distriat in which they shall at the time reside.
SEcTioN 4. All the laws of the State touching eleations Election
held in the several hundreds Of the State shall apply to elec- pain
dons for the same officers of the said eleation distriEts i'eP iillsTncat.ss.c-aak;
excepting only so far as The- general laW for the eleation 4Exception.
assessors and inspeators and road commissioners is qualified
by the provisions hereinafter' contained.
S4o'iroN 5. There shall be eleated, in accordance with Assessor and
the provisions of Chapter r7 of the Revised Statutes,. one P
assessor for Christiana hundred and one ifispeator for each of
the said three distriEts. In such eleation for assessor and in- Presiding
speEtor the colleator of said hundred shall be the presiding '
officer of Christiana North .Eleation Distrié, and. some
fled voter of the distriat, tolie appointed by the Levy Court 1/01wIenn and
of New Castle county in the month of-Marah.,next previonS pointed,
to :the eleEtion, shall be the presiding officer for, Christiana
West EleEtion Distriat, and shall have all the powers and
perform all the duties of the presiding, officer of such eleation
according to law. And if at any eleation for assessor and
inspeator in said Christiana West Elea-Hon Distrial a presiding
officer shall not have been appointed, or shall not be present
at the time and place of opening the eleation, the ele6tors
present shall choose a presiding officer for said eleation, ac-cording
to the provisions of Seation ro of Chapter 18 of the
Revised Statutes. The Levy Court of New Castle county Levy Court
shall, at the time of the appointment, make provision for n'sfuors,'th,c,,.
the furnishing by the Clerk of the Peace of a list of the voters
of the said eleation distriEt to the -person appointed as presid-ing
officer as aforesaid.
ScrioN 6. Immediately upon dosing the eleation for Certificates
assessor and inspeEtor in the said eleEtion distriEts, and ascer- ofe'"don.
taming the state of the vote, the presiding officer and judges -
14 LAWS OF DELAWARE.
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
of the eleEtion in each of the said distriEts shall make and
sign certificates according to law of the eleaion of inspeaors,
varying from the form prescribed for that purpose by omitting
the assessor, and in lieu of including the eleEtion of assessor
in such certificate they shall make and sign a certificate of
the number of votes given for each candidate voted .for, as
assessor, and also of the number of votes given for each can-didate
voted for road commissioner.
Presiding of- SECTION 7. The said presiding officer and judges of all rim. to as-semble.
the said eleaion distrias shall assemble' on the day next stic-
When and
where. ceeding said eleaion, at 12 o'clock M., at the voting place in
Christiana North Eleaion Distria aforesaid, and ascertain the
aggregate number of votes given in each of the said eleEtion
distrias for each person voted for for road commissioner and
for assessor. The candidate having the highest number of
votes shall be declared duly eleaed assessor, and the candi-date
or candidates, according as,there may be one or more to
be eleEted, having the highest number of votes for road com-missioner
or commissioners, shall be declared duly eleEted
road commissioner or road commissioners; and the presiding
officers and judges shall make, sign and deliver certificates of
said eleCtion according to law. If two candidates for said
office shall have the highest 'and equal number of votes,.
the colleaor or presiding officer of said Christiana North Elec-tion
Distria shall give a casting vote, which shall elea the
candidate in whose' favor it is given.
Passed at Dover, February 13, 1883.
7,3vg
LAWS OF DELAWARE.
OF SOVEREIGNTY, JURISDICTION AND LIMITS.
CHAPTER 5.
OF, SOVEREIGNTY, JURISDICTION AND LIMITS.
AN ACT to amend "An act -dividineChristiana Hundred in two Election
Districts," passed Febrnary, gth, i869.
Be it enaged by tIze.Senate and House of Representatives of
the State Delaware iit'`General AsseMbly.Met
SECTION I. - That Chapter 385, Volume 13, SeEtion five Chapter 385,
be and the same is hereby amended by striking out the word avmoicunndieep,
"collector" in the sixteenth - line of said see-Um-1 and insert-ing
in lieu thereof the words "Clerk of the Peace"
Passed at.Dover, February 13, 184 .
CHAPTER 6.
OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES.
AN ACT to establish' the State Library.
Be it enaEled by the Senate and House of Representatives
of the State of Delaware in General Assembly met.'
SECTION I. The State Library shall consist of the books, contents of
pamphlets, maps, charts and documents of every kind nowrySta.te Libra-belonging
to the same, together with such others as it may
hereafter acquire by gift, purchase, exchange or otherwise.
SECTION 2. The Governor shall, on the first Tuesday of Appoint-
April in the year A. D. 1883, and every two years thereafter, tgetritthoer
appoint a State Librarian, who shall hold his office. for theState. Libra-term
of two years, beginning on the ninth day of April next Term.
following his appointment, and until his successor is duly
appOinted and qualified. Before entering upon his duties the
Librarian shall take the oath of office and give a bond to the Bond ap-
State in the sum of two thousand dollars, with two sureties Eroovveerdn
1 6 LAWS OF DELAWARE.
OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES.
Condition, to be approved by the Governor, conditioned for the faithful
performance of his official duties, the safe keeping and deliv-ery
to his successor of all property belonging to the Library;
such oath and bond to be filed in the office of the. Secretary
of State.
SECTION 3. The Librarian shall have .general charge' of
Duties. the State House, and shall see that the same is properly cared
for. He shall, by and with the consent of the judgesof the
Court of Errors and Appeals, make 'grioli rules and regula-tions
governing the Library and its use as may to them stein
nooks
to
be proper. He shall keep a complete record of all the -books
fweiItubrinne c3lo taken froth the Library, and require the return of the sanie
days, unless within thirty days unless renewed by a written application; renewed. but in no case shah there be more than one renewal.
In case any person taking books from the Library should fail
to return the same within thirty days or renew as above pro-
Fine. vided, then, and in that event, he shall be fined by the Libra-
When. rian the sum of ten cents per book for each and, every week
such book or books are so unlawfully retained. The said
fine to be colleEted by the Librarian as such debts are by law
How collect- now collealed, and the proceeds arising from such colle&ion ed and ex-pended,
to be expended by him in purchasing stationery for the Li-brary.
Record to he SEcisioN 4. The Librarian shall also keep a complete kept of .
hooks, etc, record of all books, pamphlets, &c., received by liiin for the
State Library, properly label, and acknowledge the receipt of
the same.
SEcTioN 5. Immediately upon the publication of the laws
by the Secretary of State, he shall deposit in the. Library
Duties as to fifty copies, and the Librarian shall send a copy of the Same disposal of
the laws_ of to the library of each State and Territory in the Union; one
the the State+
and Judicial to the Congressional Library, one to Delaware,College; one
Reports. to the Historical Society of the State of Delaware, and . one
to the New Castle County Law Library. The Secretary of
State shall also, upon the receipt of the Judicial Reports, and
the Chancery Reports, place in the Library, in additioii-to the
-number 'now required by law to be placed therein,-a--iMin-ber
of copies thereof equal to the number of States-and
ritories.of the United States, and the Congressional J';ibiury,'"
Delaware College, the Historical Society of the State'OtDel-aware,
and the New _Castle County -Law LitirarY. and the
Librarian shall thereupon transmit one copy- thereof to- the
, -
LAWS. OF DELAWARE:
OF THE STATE HOUSE, LIBRARY AND PUBLIC OFFICES..
library of each State and Territory--above named, one to the
Congressional Library, one to, Delaware College,.one tO-the
Historical Society' of the State, of ,Delaware and One to the
New Castle [County] Law Library.
SECTION 6. - 'The:LibrariatCShalk on the..-first-ddy::-Of:the Report to
, _ General sessions Of the 'General Assembly--.of,this"-.state,.make a. -report As-sembly.
to the'same setting. foith-41-1"ecOMlitibit.-:Of -the--,-Library;-:the'Cmtc"ts*
number' of : fines -levied the niunbei and ',title of
books lost during the two years past, and the.-iiiiiriber and
kinds of books received bybniffor.the Library in that pettod,.
and all other thingsconcerning the 'Library thafbe-May deeiri
proper. .He shall alsOkeeP'tbe Library.open-eaCh clay, except
Sundays and legal -holidays, frOM,--io. clock,:. A. ',M. to 12
o'clock, M., and from -:2- .o'clock to 4 o'clock, P. M., and ubrary:
during the sessions of the Legislature and the sessions of the ticinn:I°d
Courts in Kent County; from.9 o'clock, A. M. ,.to 9 o'clock, Le.
P. M. , .
SECTION 7. That at any time, when the State Librarian
shall fail to perform his duties as hereinbefore in-esetibed, 77oee
then; and in that event, the Governor may remove, him, 'and Librarian. G°Z
appoint some other competent. person' . to fill the unexpired .
term.
SECTION 8. That the sum of seventy-five dollars per year Ps for cur:
is hereby appropriated out -of' the -money in the treasury for 1'O be
the Current expenses- of the State Library, ,and the: Librarian wnrrant of
is authorized. and empowered to draw, 'on the ,State, Tteasuiet Lib
.
rarian.
from time to time fOr.-the-:saMe,EIS the case may require, and
present Ins vonchets-:"to-:,coinmittee--,of:the -Legislature aii-poilited
at its-biennial 'seSSiOti tO.,settle with-- the State Libra-rian.
SiictioN 9. That the Librarian shall receive for his ser- compensa
vices, as such officer, the sum of four hundred and .fifty dollars 6°'
per year; and he is hereby authorized and empowered to draw
upon the State Treasurer, at the end _of each- qriarter, for' the
same.
S1,c130N..io-. That the sum of money now- appropriated
for the iiiirchase of law--books for the law library shall -.be. in-creased,
and made the- sum of three hundred dollars-,i:to..be
expended. by the ::Librarian, under. the :-diteaion.: oC,,tbecoutt Oemountntged for c/11?
of BrtorS:and'.4pealsi for jndiCiaty,repoits,,-.ankndffot textico PT wn w ra. ;
books, preference : being Alven'to,supplying tbe7:Missing.,-vol-umes',
Of,-sets of .repOrts;rii.th&ILibrary.-...-,Said sum shall be
-3
.18 LAWS ' OF 'DELAWARE.
OF THE STATEHOUSE, LIBRARY AND PUBLIC OFFICES.;;
. ,
drawn by the Librarian's draft on the State Treasure; en-dorsed
with the approval of the said judges, or, a majorityof
them.
Sc'noii Ir. That all aEts or parts of a6ls inconsiitent - with the provisions of this aa, are hereby repealed.
Passed at Dover, March 30, 1883.
CHAPTR 7.
OF THE PASSING AND PUBLICATION OF LAWS AND OF JOURNALS,
AN'AtT to revive and extend the time of Recording Private Acts. ,..
Preamble. WHEREAS by Chapter 4, SeEtion 3, of the Revised Statutes
of the State of Delaware, it is provided that, private stafuteS,
(namely, such as are not of a public nature, or published as
such) shall be recorded. in the Recorder's Office, in. one Of
the counties of this State, within twelve Months- after their
passage, or they shall be void ; .
AND WHEREAS a number of the private and 'unpublished
aEts heretofore passed have been allowed to "become -
through ignorance of the aforesaid ena6tment, theiefore;-'for-the
purpose of relieving the, parties interested of theeriibar-rassments
and disappointments arising from such negle6t
the premises ; therefore,
Be it enaeled by the Senate and House of RefiresentatiVes
of the Stale of Delaware in General Assembly met, (two-thirds
of each branch concurring therein):
ScTioN 1. That all unpublished as 'heretofore passed
which have not, by special ass, been repealed; and that have
become void on account of not being duly recorded in Com-pliance
with the provisions aforesaid, be arid' the sail* are
Time for re- hereby severally renewed and re-enaEted, and together With
vccartedianfftsnrxi the provisions therein contained are respeEtively declared to
tended, be in full force, and all a6ts and transactions done and, per-formed
under the provisions of said a.61S respeEtively; Shall
LA*. OF bEI,AiNTARE.
OF THE PASSAGE AND:PUBI:ICATION,Op.:I,.AW, S.AND'OFLJOURNALS.
have the same- force a:nd effeeT. and be as` valid to intents
and:. PUrPPS4US7:if--,ttle-' 4tcur e:t.:§- had been severally ie000ea.
. thiS:,'ega,Orhent shall not Provtso
take' e,ffeel; iii=;:the.CaSe,:'Ofr,Any::'-aEt:!that',halbeboine :void; AS .
- aforesaid, ,Utitir 'certifiekappy,therePf,. pinenied.:,0f the. Sc- Certified
rota.rOy f.:;State shall-beduly,,'reCordect::'-i,n,the;-.;,;1:teCorder'Sr
Office r OU.:'one of the counties of this State, and j5rovzded
1*r1her, that no such copy of a voided a shall be received .
fpr 'record Aft& the expiration , of One .year- from the passage
Of this
;
SECTION. :.2. ' ' This'aEt shall'. be deemed and , talcen;t6 be a'
public aei,' and published as,:sUch. .
passed at Dover,, March r, '18.8.3 . .
TITLE SECOND.
Of the Public Revenue, and the Assessment, Collection
and Appropriation of Taxes.
CHAPTER 8.
OF THE REVENUE OF THE, STATE.
AN ACT to amend Chapter 390, Volume z3 of the Laws of Delaware,
entitled "An act providing Revenue for this State."
SEcTioN 1. Be it enatied by the Senate and House'of-
Representatives of the Slate of Delaware in General Assembly -
met : That Seeion 13 of the a& entitled "An a& ,providing
Revenue for this State," passed at Dover, April 8th, :1869,
Volume 13, Chapter no, (Revised Code, page 300 be .and.the
Section ,3orsame is hereby amended by striking out the words': "Three f
VIDT.P9' per centum of every hundred dollars .he may, hold for diStriL
a d bution among the distributees or legatees, and at that ratt.for
every less sum," and insert in lieu thereof :the folldwing
Substitution. words: "Out of the moneys belonging to snail legatees_ or
distributees respeaively the tax to Which they shall be sev-erally
subjeal.'
Passed at Dover, February 27, 1883.
LAWS OF .:DELAWARE'. 2
OF THE ,REVENUE OF THE STATE.
CHAPTER 9.
OF THE REVENUE:OF THE STATE.
Belt enatZed by the Senate and House of Representatives
of the State of Delaware in 'General Assembly met,, as fol-lows
:
SteTION, -I. That from and after the passage of this at vrieo.sytot obre
it shall not, be lawful to Use or employ any, boat or vessel in used in
dredging for oysters on any of the natural oyster., beds of this oyreellfreinfinffr
State unlessthe said boat or.vessel, or at least one-half part lespstneyd
thereof, be bona fide owned by bona fide residents Of this rizerrnt
State and wholly, manned bY- bona fide residents:of this .State, this State.
nor without first procuring from the ColleEtor a certificate, as Collect'or's
certificate hereinafter provided. ' ,
- required.
SRCTION 2. In order to obtain such certificate froM the
Colleaor; the- Owner, or one of the Owners (if more than one)-tiattznorc;
of any such vessel, shall file with, the Colleelbr a written ap- _btain cer.
plication,- stating' the name Of the 'vessel, the name of the g=te.
owner or owners more than one,) and the place or places
of residence Of such owner or ovineit,.and.the shares in -which .
sfich owners OWn` the same, and shall verify such- statement
by his oath or affirmation, winch the said Colleaor is hereby
authorize&tOadminister.'- The 'Owner- so -applying .shall .file
at' the same time ' the Written statement of the' master of such
vessel, showing the names and places of residence of the
crew of the same; which .shall be verified by the oath or statement
affirmation of such master, and which the said Colleelor is:1111.4
hereby authorized to administer. If it apPea:rs by such ap-plication
'or statement that at least One-half part of the said
vessel is bona fide .owned by a resident Or residents Of this
State, and is Wholly manned by a crew all of whomare bona collector to
fide residents of this State, the said ColleEtor shall issue and
deliver to the captain of such boat or vessel a certificate 'o f captain of
vessel.
A further additional gupplenient to the act entitled "Ari act in Relation to
,Oysteis."
the following words, viz :
This is to certify that the owner of the vessel called Contents.
having fully complied with the provisions of law in that
behalf, the said vessel is allowed and permitted to be used
and employed in dredging on any of the natural oyster beds
2 2 LAWS OF DELAWARE.
OF THE REVENUE OF THE STATE.
.
within the waters of this State during the, period by law 146%
scribed for dredging%. But the permission hereby conferred
shall instantly cease and terminate whenever, less thaw:one-half
part of said vessel shall be bona fide owned by bona fide
residents of this State, or Whenever said vessel shall not be
manned by a crew wholly composed of bona fide residents 'of
this State.
Given under my hand at this -.day of
Penalties.
Chapter 13,
Volume 14,
amended.
Collet-kr of Oyster Revenue.
Whenever such vessel shall not be wholly manned by bona
fide residents, of this State,. or if at any thne less than .one-half
part thereof shall be owned by bona fide residents of this
State, thereupon all privileges conferred by said certificate
shall immediately Cease and terminate.
SECTION 3. Any person violating the provisions of SeEtion
of this a& shall be subject to the same penalties and shall
be proceeded against in the same manner as is provided -for
in Section 5 of the aa to which this is 'a supplement; and
the like proceedings may be had against any vessel used or
employed contrary to the provisions of - this aa, as are 'by the
last mentioned seEtion provided, with the right of appeal in
each case, as is by the said seEtion conferred.-
Duties of SECTION 4. It shall be the duty of the Colleaor,_ or the
Collector. captain Of the watch boat, whenever in the opinion of either
of them it may be necessary, to demand of the captain of aiiy
vessel found dredging on the natural oyster lie& of this- State
the produaion and exhibition Of the certificate by this aa
authorized ; and any vessel employed in &edging without
Rigin of such certificate shall be immediately seized and her crew
seizure and arrested, and proceedings shall be thereupon .instituted, as
arrest, herein provided, with full power in the colle&Or or captain 'of
the watch boat to summon a posse to aid in enforcing the
provisions of the law in that behalf.
SEcnoN 5. That the aa entitled "An a& in relation to
Oysters," passed at Dover, February ist, 1871, be and the
same is hereby amended by striking out the words "fifteen
acres" where they occur in said a& and all as supplemen-tary
thereto, and inserting in lieu thereof the' words 'fifty
acres."
SECTION 6. That any person who is a non-resident of the
State of Delaware desiring to plant oysters in the Delaware
LAWS OF .DELAWARE.
OF THE-REVENUE OF THE STATE.
Bay and prohibited. under this aeifrom dredging for oysters on-resi-on
-the -natural oyster beds, may obtain a .license, under thedpfang. may
a61 to -:which this -is. a.--supplementi, for planting oysters and
taking fip- the-samei by 'paying- -two' dollars - per ton (custom Oysters on-house
'theasurenient,),for the vessel to be -Used', in the -business g.erpleicretnosne.
of working the plantation,- instead of three 'dollarslier ton;
Passed at Dover, March 21,. 1883. . urernent).
-
CHAPTMZ. io.
OF THE REVENUE OF THE sTATp.
AN ACT in relation to the planting of Oysters in Indian River and
Rehoboth Bay:
,Be it enatIed by the Senate and House ofReAresentatives
of the Slate of Delaware in General Assembly met:
SECTION I. That from and after the passage of this anonnt-H
it shallbe, -unlawful: for any person who is not a- citizen of not plant
this State, to lay out or plant oysters in any of the. waters of"s"'
Indian River Or Rehoboth Bay, and any one So offending:
shall be deemed guilty of a misdemeanor, and on conviOion
thereof; before any- justice. Of the peace :of Sussex county,
shall be fined for each offense, the sum of one hundred dollars, Penalty poo
and shalrforfeit all oysters planted by. him or them,- the vessel Forfeiture.
used by him or then. in the planting. of said oysters andall
and everything in and belonging to her. The one-half of e. 11.
said fine shall be paid to the informer and the other half: to whom
the commissioner hereinafter appointed.
SECTION 2. That when an affidavit is filed before said
justice, charging that a violation of this statute has been
committed by any One, and setting forth a description of the
boat or vessel used by him Or them n so charged,. the said justice
shall issue a warrant direEted to any constable of said county Justice of
authorizing hiin to arrest the person' or persons therein 133:cc:are!!
charged, and also to seize and 'hold said boat or vessel and all ra r:rnonrdar-and
everything in and belonging to -her, until the final order:1%re.
of the justice of the peace in the premises.
24 LAWS- OF DELAWARE.
, -
OF THE REVENUE OF THE STATE,
Power of SECTION 3. *, That upon such conviEtion;:the saidjustide .
Justice to of the peace shall have the power and authority to commit, commit to
jail. any one so offending to the jail of;Stissembourity until said-fineaiid
all costs are paid, and also to issue an order to any
Seizure of
boat. constable of said county, empowering,, and direEting: him
Sale, seize and Sell-said-boat or Vessel used by such offender in-the
planting ofoysters in the waters aforesaid, :and alliand;eVery-
Notice. thing in and belonging to her, on ten days notice, posted. in
two of the most public places in each of the hundred-s:bf.
Indian
River'
Dagsboro' and -Baltimore ; and that -such:Sale I
shall convey to the purchaser or ,purchasers ofsaid boat or-vessel
and all and everything in and belonging to her; a good
Tide, and valid title thereto.
Proceeds of SECTION 4. That the proceeds of said sale it) as aforesaid
sale, made by the constable after deducting the costs, which -shall
To whom be retained by said officer and paid to the parties entitled,
Paid. shall be paid- over to the commissioner hereinafter appointed.
Proviso. Provided. that the parties defendant May appeal to the-Court
Appeal. of General Sessions of the Peace and Jail Delivery, within -
Within what ten days from the time- when judgment was rendered, - upon'
time.
Boald. giving bond to the State, with security to be approved by the .
Amount. Justice of the Peace, in a sum double the amount Of the-fine
imposed and the value of the property seized by thebonstable,
Condition, conditioned that .if the said appeal shall be prosecuted with -
effect then the same shall be void, otherwise to be :in' full
force and effect. The prOceedings shall be in the naMe, of
Proceedings the State of Delaware, and upon the docketing of tile appeal in name ol
State. ill the -Court of General Sessions of the Peace and Jail De-
Attorney livery, the Attorney General shall answer to the appeal and
General s
duty. conduct the case for the State.
Citizens StcTioN 5. That it Shall be lawful for any citizen of the
may
plant. State to lay out or plant oysters in any of the waters of Indian
Not exceed- River or Rehoboth Bay, over an area not exceeding twenty Ing so acres, for which he shall pay to the commissioner hereinafter:
Pay per acre appointed annually the sum of fifty cents for each acre as .
First past rent for the ground so held by him, the first payment of said
ment' when, tax to be made within one month after he shall stake off the
Area for area aforesaid. The said area shall be marked Or designated
Virw`Inted by stakes as provided in the next section of this aet, and the
oysters deposited within said stakes and their increase shall
Private be the private property of the said planter and shall be pro-grounds.
teEted as is hereinafter provided.
SECTION 6. That any citizen of the State may appropriate
to his own use a part not exceeding twenty acres of the
LAWS' .OF : DELAWARE..
jc)F THE- REVENUE STATE.
,
bottont.of-Indian.13.iV:er -or-RehobOth..Bay,'for.planting-oysters,
. which: part he ..shall:Idesignate..'by.-,corner:stakes , to show 'at Private -
leaSt'. two feet,,,.ab.ove.,,:itlie; ordinary -.high water.: and not -to be ,G"und.
_ ; of-; naVigatidn. shall .,be possession of the -
planteri::Ore,.::plantersi,.;and:_,the oysters. -to be ; depositecl.i;therein
arid: Aheir.:. increase .:shall. he or , their: ;private
Provided that any such ,citizen. so intending'Agt,appropriate Proviso'.
any-Stich part of the bottom of:Sai&Indiari -River or Rehoboth
/ Bay - shall; - within thirty, s after he has , ;So as aforesaid:
Staked. loff the area-, Which: he , intends to ; use fore planting
oyStersfile, With. the-.. coniinissioner', hereinafter 'appointed a DA to be
sufficient' protiand. description: 'of said area,: whereby. the same Commis-.
may,be known- and located, reference being made- in said ,.plot !km'
and description' to'natural :objects 'or. to artificial boundaries
erected or. fixed .:on the shore or :shores of said Indian 'River
or .Rehoboth Bay, 'and provided.. he shall,. Within Six ..nionthS Prpvso '0
after he has iO_ as aforesaid' staked off,the.arealaforeSaid, plant M ()Int tifins Inixus t
therein fifty ,bushels' oysters - on each - acre' of his area and V; nh E 4
make affidavit' that he has deposited or planted said quantity acre-of
oysters within, said area, said affidavit - tO be appended ACI Affidavit.
the aforesaid ..plot and description and recorded . therewith in
the -office: ,aforesaid. . - If. he - shall fail to- file. Said plot and -
description -and. affidavit, or deposit or plant _said quantities Of
oysters -.within; the' tithe:- aforesaid,. he shall forfeit .all right, Ferfeitore.
title and clailW to the area aforesaid, and the same may be
appropriated fore the 'purpose aforesaid by any Other citizen _of
said - -. :
SEvriox' -.7. That the :privilege.' granted.. by thiS-a61 shall
not be construed to' convey any other right -than_ that to plant .
oysters Or hold thein as property; .Whieli shall. be -liable for,the fribIc for
debts of the -person so as aforesaid appropriating 'any of said -
area aforesaid, and any levy and sale under execution_process Beccution.
or the area of any defendent in such process, shall convey to
the .purchaser the same right to use said- area for oyster Rights of
planting purposes that the d.efendant had and owned and all purchaser.
the oysters thereon planted at the time of said sale,
SECTION 8. That if any person or persons 'shall take and Tresposser
carry away from the area or Plantation of . another, so as deTrof
aforesaid appropriated to his use, any oysters' being within the &Ivens-.
limits thereof, without the consent of the 'Owner thereof, lie
shall be deemed guilty of larceny, and upon conviction there-of
be punished: accordingly, and it shall be noobjeEtiOn to a
prosecution for larceny in such a case that the a6t was done
openly.
4
1`7,'ZI2 ts 1
Prohibited
from plant-ing
within
certain ter-ritory.
26 LAWS OF DELAWARE:"
OF THE REVENUE'OF THE STATE.
SECTION g. That nothing in this aa contained shall be
construed to give any one the right to plant oysters within
the territory of The Prankford Oyster Planting Company, a
corporation created by an aft of the General Assembly of this
State, passed at Dover, March 31, 1881, or of The Indian
River and Rehoboth Bay Oyster Planting Company, a corpo-ration
created by an a& of the General Assembly Of this
State, passed at Dover, March 23, 1875, and amended March
I, 1877.
Governor SEcTioN 10. That the Governor shall, within a reasonable to appoint
Commis- time after the passage of this a61;" appoint some suitable and
stoner. competent person to ael as commissioner under,the .provisions
Style: Corn- of this law, and who shall be styled ".Commissioner of .Oyster
oyster
ys ter pIano f PPllaanntti ng in Indian Riv er and Rehoboth Bay." It .shall be
FM duties, his duty to cone& and receive from each person Who has
appropriated any portion of the .bottom 'of Indian River or
Rehoboth Bay as is hereinbefore provided, each and every
year, the sum of fifty cents for each and every acre, so as afore-said
appropriated for oyster planting purposes; to keep
proper record in which he shall record all the plots and des-criptions
of the different areas appropriated under the provi-
Term of sions of this ae-t; that his said office shall continue for the
ayekaers.. Two term of two years; that he shall receive for recording each
plot and description the sum of fifty cents, to be paid by the
party requesting the same to be recorded ; that he shall
retain as compensation. for his services the one-half of the
revenue paid him by those who take up or appropriate certain
Annually areas for oyster planting purposes, and that lie shall annually
Eadt:verretaos. t pay over to the State Treasurer all other moneys so as afore-u,
reonrira'n said received by him.
Passed al Dover, March 28, 1883.
LAWS ;OF DELAWARE.
OF THE REVENUE OF THE STATE.
: CHAPTER x. I.
' OF THE REVENUE OF THE STATE.
. . ., . . ,.
A. SUPPLEMENT, to the act entitled "An act providing Revenue for this
State,'.! passed 5at.;Dover,-. April. 8t11, x869;. as amended by Chapter 21,
. Volinne z4; Laws of ,Delaware. :..; :
. . . . . . .
SECTION : I. Be,* enaRed by the Senate and House of Sections zz
and z3 RefiresenlativeSof the Slate O fDelaware in-Generdl Assembly Chapter, 39o,
Met: That so much. of Seetions 12 and 13' of the a& to which
this is a supplement aveun'n,12h i:asiamended by ,Chapter 21 ) Volume I4- ; lT ,n4 1
ipiter
Laws of Delaware, as imposes succession or collateral inherit- glc:esnineed
ance taxes, exeeptas to strangers in blood of the predecessorheat. tonr callatttecera.1 be and the same is hereby repealed. taxes re. .
Passed al Dover, illarOh 27, 1883.
Kxalcee pd;ion.
CHAPTER 12.
OF THE REVENUE OF THE STATE.
AN ACT to amend Chapter 311, Volume i6 of the Laws of Delaware.
Be it enatied by the Senate and House of Representatives
of the Slate of Delaware in General Assembly met:
SEcTioN 1. That SeCtion
I'
Chapter 31r, Volume 16 of z.hctiotne z,
the Laws of Delaware, be and the same is hereby amended Vogue
by striking out the ivords "during the months of April, May amended.
and June," and insert in lieu thereof the words " between
April thirtieth and June thirtieth."
0 Passed al Dover, March 30, 1883.
Preamble.
Section 18,
Chapter r 3,
Volume 14,
amended.
CHAPTER i3.
OF THE REVENUE OF THE STATE.
28 LAWS OF, .DELAWARE:
OF THE REVENUE OF 'THE STATE..
AN ACT to amend Chapter x3, Volume 'ret, Lavis of Delaware:-
WHEREAS the supplement to the "Aa in relation ;. to.
Oysters," passed at the present session of the 'Legislature,
greatly *increases the' duties of the :Collector Of the OySter
Revenue and at the same time diminishes his compensation;,
therefore.
Be it enalled by the Senate and House of .R4resentatives of.
the State of Delaware- in General Assembly ma: ...-
SECTION I. That Chapter 13, Volume 14, Laws of Dela=
ware, be and the same is hereby amended by striking out the
words "five per centum," in line two of SeEtion 18, and'
insert in lieu thereof the words "eight per centum."
'Passed at Dover, Afiril 10, 1883.
CHAPTER 14.
OF THE LEVY COURT.
AN ACT to authorize the Levy Court of' Kent County to re-appoint, for
an additional term or terms, a Constable for South Murderkill Hun-dred,
and also for North Murderkill Hundred.
Be it enaaed by the Senate and House of Refiresentatives
of the State -of Delaware in General Assembly met:
SECTION i. That it shall and may be lawful for the Levy
Authority
re-appointto Court of Kent County, in the exethise of their discretion, to
Constable in re-appoint, for any additional term or terms, any Constable Suth and
Noorth Mur- for South Murderkill Hundred, in the county aforesaid, and
ddererk511!
Hun- also any Constable in North Murderkill Hundred, in the
county aforesaid.
Passed at Dover, March 12, 1883.
LAWS. OF - DELAWARE:
OFTHE, LEVY .f COURT.
: CHAPTER. T5,.
OF THE ,LEVY!COURT::!:
AN ACT aUthorizing the LeVY Court of 'Sussex County to ,appropriate
annually -money for- the keeping in rePair a road in Cedir Creek Hun-dred.'
WHIRIAS the General Assembly, by an act pagsect, the PreTnble.
nineteenth day of tarch, A. D.: 1877, authorized and ern:.
pOWered the United States Government to Open and construct
a road from one of the main county roads to the Light House
at the Mouth; of Difispillion Creek, and Whereas the
has failed to keep said road, which-is Of greatG obveernnmeefnit t
to the public, in proper repair, therefore
Be it ena:Red by the, Semite. and House 'of Representatives
of the'Stakbf Delaware in General Assembly met
That the Levy. Court of Sussex County be. and :they. are Appropia-herebY
authorized to appropriate annually whatever sum- of Lin.author-inciney..
they, in their judgment, think 'necessary and proper
for the keeping of said road in proper repair.-
. .
Passed at Dover, Ill-arch 1883.
CHAPTER 16.
OF THE LEVY COURT.
AN ACT authorizing the Levy Court pf New Castle County to Fund the
Floating Debt of said eOnnti.'
Be it enaled by Me Senate and House of Representatives of
Me State of Delaware ii 'General Assembly met; . .
. .
. SEcTiori 1. That the' LeVy.Court 'of New Castle county'
be and are hereby 'authorized and:'empoweredAo' 'borroW, on
the credit of said county,' a sum not exceeding' two liuridied.Atthororroizwed
thousand dollars, and for that purpose to issue certificates' ofr2c0,..
30
OF THE LEVY COURT.
LA* OF DELAWARE.
of
Certificates
indebted- indebtedness of such denominations, in Such form; and\bear-. .) - .
ness. ing such rate of interest, not exceeding five Per cent:, as said.
tReresatet.of
in-
Le- yy Court may deem expedient, and to,be.so arranged as to.,
. time of payment that the sum Of ten* thousand dollars of the .r.
P0,000 Pay- principal sum so to be borrowed shall 'become due 'and paya-ble
in each arid every year Until the whole is paid, and the -
said Levy Court are *directed to apply the money .horrowed'aS ..
Liquidation aforesaid within six months thereafter to: the liquidatiOri- and of floating
debt. payment of the said floating indebtedness:which:may have;
. .. been due and payable before the passage, of this at ''' The
Duty of application of the said' Money' as aforesaid -Shall'. be made County
Treasurer through the County Treasurer, under:,the'direCtiori and super.
vision of the said court, or a bonlinittee thereOf: duly: aP-'
pointed for that purpose. - .
...
SECTION 2. That the Levy Court, in fixing the rate -of
Tax rate for taxation, shall, annually, provide' for a sum equal' to five . per
sinking fund cent. of the whole amount borrowed' under the .prOvisions of
this aa, which shall, when collected and paid to the Trea-,
surer of said county, be set apart by him in a separate
account to be opened for that purpose and deSignated'as...the
"'Sinking Fund Account for the Loan of 1883 ;" and 'the
How applied said Treasurer shall apply the said sum annually to the :pay_
merit of such part of said loan as may from time :to time
become due under the provisions of Section i of this a0.-
Unlawful to SECTION 3. It shall not be lawful for the said Levy Court
borrow ex-ceeding
to contra& any floatingdebt, or to borrow any money-ht.-ad-fSitloia,
lolcya. an- dition to the . amount by law authorized to be ..borrowed . exceeding the sum of ten thousand dollars in any one year ;
and when any such floating debt shall be hereafter contracted,
it shall be the duty' of the said Levy Court- to-provide for- the - -
Payment, payment thereof out of taxes to be levied in the year next
Proviso. thereafter ; firovided that in case of the destruction by fire Of
any of the public buildings of said county, or of any accident
to any bridge of Said county, destroying the' same or render-.
ing it insecure, the Levy Court may, by a vote of three-fourths
of its members, provide for such emergency by temporary
loan or loans until after the next ensuing session of the Gen-eral
Assembly.
. .
Penalty for SECTION 4. hi case of any violation of Section 3 of this violation. aa, the members of the Levy Court voting in favoi. of such
violation shall be personally liable for any debt or debts so
. , incurred.. .
Passed al Dover, March 28, 1883.
LAWS OF DELAWARE.:
OF THE LEVY COURT:
CHAPT$..R 17.
Of THE LEi/it COURT.
AN ACT authorizing the -Levy Court of New Castle County to make a Loan.
for the benefit of the of the Poor.of New Castle County; -
..WHEREAS it has ,become ,neeessary to ,erea..neWand More Preamble.
coinmodiOuS.biiiidings' for
'-the
Insane and the' Poor of New
Castle_ County, ;and whereas it is desirable that any 'debt con-tmaed
flierefor, as Anifell. as -any- and all other existing debts
of the Trustees of the Poor of New .Castle County, -shall be
secured to be paid_ by County bonds and be limited in amount.;
now therefore, - : ,
Be IIrenaccled by the Senate and House of .ROresenlaliveS
of the Stale of Delaware in-Geheitil Assembly mel:'
SEcTioN t. That for the purpose of funding the floating
debt,of the Trustees of the .Poor of New Castle County, and
of paying for the ere6lion-of the new almshouse' and building
for insane for said county, the Levy Court ofNew Castle'
County is hereby -authorized -and- direeted to borrow upon the Authorized
credit of said county, for the use of the Trustees, of the Poor ntootorrcoewed.
of said county,' such snin Or minis' of money as may be neces-1.nfteig:n.,
sary, and as- may be direo-ted:' by the 'Trustees of the .Poor. of Ge mistee.s
New 'Castle County; not exceeding'. in the aggregate two or the Poor.
hundred- and ninety 'thonsand* dollars; and for such purpose
may' issue certificates of indebtedness,. of such denomination', Certificates
in suelf_form, payable 'at sueli tithe or tithes, not less -than -ten ric'essf
thousand ddoollllaarsr-s. . each 'year, after- the issuing of such certifi- trrn.PaY-cates,,
and bearing such rate of interest not exceeding five per rgillYa in.
centum,pef annum, as said Levy Court may deem expedient. terest.
The said Levy Court shall, provide for the payment of said
fProvisionorpayme n t. certificates_ and of the interest thereon by means Of the poor
tax of said 'county, laying the same so as to meet such
increased demands.
SEcurioN, 2. The moneys realized from the sale of county ProCeeds -
vriedastuo bonds, as provided inSeEtion of this aEt, shall be paid to the
Treasurer of the Poor of New-Castle .County, to be by him of Poor.
applied' only towards paying for the 'ereEtion, completion. and A Hendon
furnishing the new alnishouse and building for the insane' for otPrnoneys.
said New Castle Comity, and towards paying thefloating and
' . - - . ' .
f.Y
3 2 . LAWS OF :DELAWARE::
OF THE LEVY COURT.
Proviso. funded indebtedness of said Trustees of the Poor.;..filgthided
that of said bonds herein authorized an amount not eXceeding
Outstanding the aggregate sum of the certificates of indebtedness of said certificates. Trustees of the Poor of New Castle County outstanding; may
be used for payment of; or in exchange. for, said outstanding
certificates.
Real estate SECTION 3. That the real .estate of' the .Trustees o the
°j.ifiruclloerr Poor of NeW Castle Countk, in Wilinington, shall, be, held'
to, be sold. trust, and when sold and conveyed as hereinafter iS'ikbVided, -
the net proceeds of sale thereof 'shall be 'aiiplied',towardS::
Application payment of the Money borrowed,-br atithoriZed:by.this:aa.ta proceed
s. e borrowed, or of the olids isSued therefor. '
Trustees to SECTION 4. That the Trustees of the Poor of New Castle
convey in
trust to uounty shall convey in fee simple all the real estate gituate
whom. in Wilmington belonging to said corporation to Henry G.
Banning, Edward T. Bellah; Joseph L. Carpenter; jr., :Wil7
liain C. Lodge and Viaor DuPont, and the survivors and
survivor of them, the heirs and. assigns of such survivor, in.
trust to sell and convey the same in whole or in partat
Public or or -.private sale in their discretion, and to execute and deliver private sale. therefor deeds conveying. to the purchasers the same free
and clear of liens and discharged from the responsibility ..of
Title. the non-application or mis-application of the money therefor.;
the net proceeds of such sale or sales, after deduaing reason-able
expenses, shall by said trustees be applied towards
payment of the money borrowed or authorized by this aa to
be borrowed, or the purchase or payment of. the ,biinds' issued
Proviso. therefor ; firovided that if all or any of the ,said real estate be
sold before the bonds herein . authorized be -all= issued, -the
proceed of such sales shall be applied directly towards the
completion and construftion of the said new buildings,, and
the amount of bonds to be issued shall be reduced to that
Further pro- extent ; and _provided further that said.real.estate shall be all viso. sold and conveyed as herein stated within five years from the
passage of this aa. The said real estate, while held by the
Exempt trustees as aforesaid, shall be exempt from all taxation. Iii from taxes, case either or any of the persons so named as trustees shall
die before or after such conveyance to them by the Trustees
of the Poor, or shall refuse to accept said trust, it shall be. the
duty of the Chancellor, upon the application of the Levy
Chancellor
to fill vacan. Court and' of. the Trustees of the Poor, or either of them,.-to
appoint some other suitable ' person or persons in lieu of him
or them so dying, or refusing to accept said trust. , - . :-' :
LAWS .:.OF D EI,A*A 12 E...
OF :TT-1E 'LEVY. COURT..
. . . ... . . . . .
r,. SEcTION: 5. .- . 1`.4.t, from :and'. after the passage. of this . . --'gl- Trustees a_ Illegal for .
the -Tr,tiStees of he ?obi- of -New .Castle County shall not have the Poor tofo
authorityrio,borroW any inoneY whatever; ' -.- ; _. ' -- . -
borrow..
.. . . _ .. . .
SAC;iibi4.:6, the yearly :appropriation made by the Levy yearia
Court; for the use -of the Trustees of. -Poor lrnn- : of New "Castle ii:aV.I_3 cluairter-
Coot3i.':shall, be -:,paid ' to:the Treasurer of - the ,Poor 'sf" Said itYret?orat`:-
courity,..in';equal quarterlfinstallthents, on the -last-,Wedries- Poor.
day ofjuly,-;.0etober,-.Ianuary, and, April, of each year.',Upon ' -
extraordinary, occaSiori. the, Levy ± Court. Of New Castle County - Levy Court.
shall , haVe.-.authority,:'. Upon-,:.applitation . of '. the :.Trristees of Auihority to
the -Poor of said county, to borrow, for. the uSe :Of. Said.Trus-t°,1j::;Z
tees of, the PoOr',...a:,Suffieient :sum of money to -Meet such sniag.
oecav
occasion; the payment Of such sum to be provided - for in Provision levy of poor taxes for the ensuing year. ., for payment.
SEdTioN 7, All aas and parts of a&S inconsistent' here- .
with are hereby repealed. - - .
SECTION 8,. - This a& shall be a:public aa and published _ as such:. . . . , . ,
Passed at Dover,- March 30, 1883.
_
CHAPTER 18.
OF THE LEVY COURT.
AN ACT to direct the Levy Courts of the several counties to publish
detailed statements of all Expenditures of County Funds, and circulate
the same in pamphlet form.
Be it enaeled by 11w Senate and House of Re,bresentatives
of the State of Delaware in General' Assembly met:
SECTION I. That it shall be the duty of the Levy Court Directed to
of each county in this-State-annually,. in the month of May, 'atilt
to cause to be printed in .pamphlet form a detailed statement kVIt and
of all expenditures of the funds of said county, and: orders contan'ts.
drawn by each Levy Court Commissioner for anyand all ser-vice
performed or materials furnished in their respective hun-dreds,
specifying said statement- the time when, and the
5
"-,
No. copies
printed.
How dis-tributed.
34 .. LAWS OF DELAWARE:,
OF THE LEVY COURT..
purpose for Which the same was done; said statementi!shall
also contain the aggregate amount of the per:diem,allowed.
to each member of the Levy. Court,: with the number of days -
of attendance and miles allowed to each.
.
SECTION 2. The said,Levy Courts shall have printed such
number of ,copies of said pamphlets as aforesaid as the Said -
Levy Court may deem advisable and necessary for their re-spective
counties and one-half of the number , -.printed .
shall be equally divided between the Justices of the Peace in
the respective counties, and the other half between the -meth-bers
of said Levy Courts respectively, who shall keep the
same for,delivery upon application to them by'. any voter of
their respective hundreds.
SECTION 3. All aEts or parts of aEts, inconsistent with
the provisions of this aa, be and the same are hereby re-pealed.
Passed at Dover, Afiril 12, 1883.
CHAPTR 19.
OF THE LEVY COURT.
AN ACT to provide for the Establishment and Maintenance of a Ferry
across the Nanticoke River at Woodland, in Sussex County.
Be it enat-led by the Senate and House qf Refiresentalives
of the Stale of Delaware in General Assembly met, as follows:
Authorized SECTION 1. That the Levy Court of Sussex County be
tpou beslitca bfelirsrhy 'a nd they are hereby authorized (if in the judgment of said
across Nan- Levy Court they deem it for the best. interest of the county ticoke River
at Woodland to establish said ferry) and required to cause to be established
and maintained a public ferry across the Nantiooke River at
the place now known as Woodland, but formerly called Can-
May make non's Ferry, and to make such appropriations as may be nec- appropria-tions.
essary to procure the scow or boat to be used for ferriage pur-poses.
And also to make such appropriations from time to
time as may be necessary for the proper attendance upon and
maintenance of the same.
LAWS OF DELAWARE.
" OF" THE 'LEVY COURT.:
. .
SECTION 2.. - That all: citizens of this State, with their Citizens of
tPaIlls'
'wagons and carriages; shallbe transported across the si.Spt:rt tee
said ferry at all- times betWeen. sunrise and sunset free of
charge, but the Levy Court may prescribe tolls to be colleaed
for the ferriageof . all other persons.
ScrioN 3.- That this da 'shall be deeined and taken to
be .a public: aa.
Passed at Dover, April 19; ,1 883.
CHAPTER 20.
CLERK OF THE PEACE.
AN ACT to amend Section 21, Chapter g, Revised Statutes of the State
of Delaware.
Be it enaRed by the Senate and House of Refiresentatives of
the State of Delaware in .General Assembly met
SEcTioN 1. That Seaion 21,-Chapter 9, Revised Statutes section 2,,
of the State of Delaware, be and the same is hereby amended Flhastee:i
by inserting after the word "list," in the fourth line of said statutes
seaion, the cvords "of at least three consecutive letters of the amended.
last names thereof" ; provided that this aashall not *go into Proviso.
effea until after the next general assessuient shall be duly
returned to the Levy Court of the proper county.
Passed at Dover; March 27, 1883.
35
OF THE CLERK OF THE,PEAOE: :
CHAPTER
OF THE CLERK OF THE PEACE...
LA\VS 01 DLI AWARE
. .
AN 'ACT in relation to Clerks of the PeaCe.
. . . Be it enaeleckby the Senate and House,ofRepreseiiiatiVes o
the State of Delaware in Genel-al Assembly met-:
. .
May ad- SECTION i That the Clerk of the Peace in each eoi.t,i ty'
mster be and he is hereby authorized to administer oaths or affirina=--
oaths in cer- .
tain cases t : ons in all' cases. relating to the business of ',t he :'office co: Clerk of the Peace.
Passed at Dover, Afiril 9, 1883.
Code,
amended.
Proviso.
CHAPTER gz.
OF ASSESSORS.
AN ACT to amend Section 7, Chapter to, Revised Statutes of the :State
of Delaware.
Be it enaRed by Me Senate-.and-House ofRefiresentatiVes',,,;:-
of the State of Delaware in General Assembly me't
. . .
SECTION 1. That Se6tion 7, Chapter io,'Rerised Statutes . .
SSce ction 7 of of the State of Delaware, be and the same is hereby dinended'i
ft:',FsecT°' by inserting after the word "alphabetically," in the fourth
line of said 7th Sion, the words "at least three consecutive
letters of the last name thereof;" provided that. this aEt'shall.
not go into effeEt until the next general assessment Which
shall be made in accordance therewith.
Passed al Dover, March 27, 1883.
LAWS, OF DELAWARE. 37
- CHAPTER .23.-
OF COLLECTORS.
,
A SUPPLEMENT to Chapter x 2 -of the Revised Code of 1874,-entitled
of"Collectors."..
Be t enaicZed by the Senate and House - of Representatives -
of the State of ijelaWare. in General ;Issembly met.
SECTION'. That hereafter it shall be-the duty of the col-
. .
10-tors of county taxes .- in the City of Wilmington, at the supplement
request of ..any. person .paying a tax upon, his .person or prop-erty,
to make out and deliver to him a bill, showing, in addi-t
o tseerd
tion. to the amount. of tax,..how much is laid upon his person
Code.
- -
and personal property, and how much of it is laid' upon his Collectors
real estate, and if it is laid upon more than one parcel of real In=ineg-estate
then how much of it is laid upon each;parcel, describ- ictxnirol ac-ing
each pareel according to the description thereof appearing taxes.
upon' the assessment list fort Wilinington Hundred.
Passed at Dover, April ig, 1883;
5-*
LAWS OF DELAWARE:
OF THE PUBLIC. ARMS AND DEFENSE.
TITLE THIRD.
Of the Public Arms and Defense.
CHAPTER 24.
OF THE PUBLIC ARMS AND DEFENSE.
AN ACT to amend Chapter x5 of the Revised Code as amended by Chapter
326 of Volume 16, Laws of Delaware.
Be it enaeled by The Senate and House of Refiresentatives of
the Slate of Delaware in General Assembly-met
SEcnoN 1. That Sea-lion to of Chapter 15 of the Revised- .
Code, as amended by Chapter 326 of Volume 16, Laws of -
Delaware, be and the same is hereby stricken ont and the
following inserted in lieu thereof, as said See-lion-1-o, Viz
Companies. SECTION io. Each infantry company shall
, consist of
captain, one first lieutenant, one second lieutenant, One
.firstsergeant, one quartermaster sergeant, four sergeants, eight__
corporals, two musicians; and not more than one hundred
Regiment. privates. Each infantry regiment shall consist of not -less, -
than four nor more than eight companies, one colonel, one
lieutenant colonel, one major, one adjutant, one quartennas-.
ter, one surgeon with the rank of major, one assistant surgeon
with the rank of first lieutenant, one sergeant Major, one
quartermaster's sergeant, one drum major, and one hospital'
steward. The adjutant and quartermaster shall be lieutenants'
seleEted from the first or second lieutenants of the regiment.
Battalions. A regiment shall be divided into two battalions. In the or
dinar' arrangement of the troops two regiments shall, consti-tute
a brigade, and two brigades a division; but the Governor
may, in his discretion, attach ücli numbers of regiments or -
battalions to any brigade, or such. number of brigades to any.
division, as he may deem proper.
ye.`",:*
I - ,
.
LAWS' OF bELAWARE).- -
., . - 4 ., ,. ,41
we, -Th_E :.tTi.J_ 13,LI. C: ARMS' ANIS 'DEFENSE.
-SMTION 2. - ' .That _it is _hereby expressly provided that . .
, .
nothing-- contained in the - first - sealion of :this-. a6ti or in the
aets, to which . this ael.'-is an amendment, shall -affeel in any Radnktofffficeld
manlier the present rank, _ standing or position' 'the field ,or aprnesent
staff of .the ',..First- Regim.ent 'Delaware I Volunteer Militia, as
now organized and-existing;' th.it whenever a vacancy Occurs
in any Office not -provided' for in -scaion-- 1 of this - a61,' the
same. shall not be 'filled: -, ",--
SEcTioX, 3. ',:- That -SeEtion-ir of 'the said Chapter 15, as
amended _as' aforesaid,- be and the same is hereby aniended by
adding at' the' -thereof the following: Provided that the Prov.
amount hereby appropriated - shall be divided 'equally among
the companies Organized under, the provisions 'of this aEt, who Annul 9,-
shall be of the proper. standing' and efficiency at the 'muster oriontiodne.d
and inspection next. preceding_ the distribution of the said - -
moneys., -. . -." ' . _ ,- ' . .. ... -- -
_ . ., ... _. .
SECTION * That SeaiOn -16 of the 'aforesaid chapter,
amended as aforesaid, be and the same is hereby amended by -
adding . at the end. thereof the following: And 'for the pur-iN,. h en on
poses of this section officers and soldiersof the. militia .shall duty.
be Considered-, on dnty.: whenever in the headquarters or
armories-of -their 'regiment or'companies. '
5Ed;rioN 5. That SeaiOn.19.of the said chapteras amended, . _ .
be and the , same . is hereby amended by striking Out,.: in the
third line Of said see-lion; the words' "twenty privates," and
inserting in ' lieu
'the..reof
the
.,
words "twenty-five . enlisted
men". - .
. .
. . .
. . . - ..
SECTION 6. That SeEtion 23 of the said chapter, as
amended; be and the sanie i hereby- amended by striking
out, in the twenty-first 'line' thereof,- the Words . all courts courts Mar-martial
.shall be carried' On in" in said line, and the words genila.
When
"day time," in line twenty-second of the said sealion, and
insert in lieu thereof the following: "The' officer orciering. a
court Martial shall in such order state the time at which it
shall convene.'' .
SECTION ,7. That the said chapter be and the same is
hereby amended by adding at the end thereof the following
additional sealons, viz
' SECTION 26: That all officers known as- commissioned co...N.
officers; eleae& and appointed under the authoritY of this 2,"tdoVile"
chapter, shall, before entering upon the duties of their several sworn.
30
LAWS OF:. bELAWARE
OF THE PUBLIC ARMS AND DEFENSE:
offices,. take and subscribe an oath to faithfully Perform the
duties of their respeaive offices in the following form,
STATE OE 'DELAWARE,
County, ss.
of '; d6 solemnly
swear to support the donstitution of the United Statesi.and.
the Constitution and Laws of. the State'. of DelaWare;
that I will obey the orders of the Governor of the State of
Delaware and the lawful orders of any Superior Officers,
according to the laws of the State of Delaware. -
Sworn and subscribed before me this day of I8.
13y whom This oath may be administered by any officer of this 'State
admin-istered.
now authorized by law to administer oaths, or by any general
or field officer who may have previously sworn and sub-
Filed witb scribed to the same. A copy of the said oath shall be filed
Secretary of
State. with the Secretary of State. -
Enlisted
men to be
sworn.
Form of
oath.
SEcTioN 27. That all persons enlisting in the 'militia
service of the State of Delaware shall enlist for the term of
three years, and shall immediately upon such enlistment take
and subscribe an oath in the following form, viz
STATE OF. DELAWARE,
County, ss.
, of the county of . and State of
do hereby acknowledge to have voluntarily eniiSted.
[or re-enlisted] this day i8, as a soldier
in the volunteer militia of the State of Delaware, for the
period of three years, unless sooner discharged by the proper
authority, and do also agree to accept from the State of
Delaware such bounty, pay, rations and clothing as are or
may be prescribed by law, and I, , do solemnly
swear [or affirm] that I will bear true faith and allegiance to
the State of Delaware, and that I will obey the orders of the
Governor of the State of Delaware and the orders of the
officers appointed over me according to the laws of the State
of Delaware.
. [SEAL]
Sworn and subscribed before me this day of
40
Form of
oath.
*r^, - 4 fet,t-
4V.;
'
0'
4;.
,
,
LAWS, OF .-DEIAWAAE.
OF THE -PUBLIC .ARMS AND. DEFENSE:
This oath may be administered by any officer of this State By whom
authorized' adininiSter .sterie 7, Oaths,. 'or , by .an.y.' Commissioned fl° j.
officer in' the Military service 'Of,the State of Delaware.'
- , ,
- _ SEriioN 28. The 'commanding officer of the 'regiment Discharges.
. shalt have ;power,-., Upon, recommendation of company
coniMaiidersi,or Wheu.eatiSfaEtory_reaeone are given, to grant
anliOnorablei.diSchargel.tO:anrenliStectiman whose term. of
enlistment may .nOt. hoe_.,exi3ire4-aii4.1-*" shall also ' issue to
all enlisted inen'haVing.;.faithfully 'served their term Of enlist-ment
anhonorabledieeharge,Undet his hand, from the service
of the State.'''..-No dishonorablef discharge shall be given ex-cept
Upon,sentenee bya'court martial. - .
SEON 8.- - That all officers now in' the service of the office. to
State' 1.16.1],' Within thirtyclays after the .passage- of this aEt, wbItat°70
takefand.subeCribe.to the oath ,prescribed in'Seaion 7 thereof. days'
The Governor shall, withdraw the commission of any. Officer Governor to
negle&itig Or refusing to take the preecribed oath, and such 2,ron
officer shalt be discharged from the military service of, the c.in.cce4t0in
State. All enlisted men now in.the'eervice of the State shall
take the -oath 'prescribed' in SeEtion 7 of this a6-1, and any Enlistede
man refusing so 'to do shall be 'dropped from the roll of his dronpo'od
company or regiinent and -discharged_ from the service Of the
State.' No 'honorable .discharge shall issue to any one refus-ing.
to comply with the ...provisions of this see-lion, .finless' the
person refusing shall have served for the _term of three years.
The form. Of oath for enlisted_ inen shall, in the case' of Men
now in the 'service of the State, 'so varied as to make their Term of men
term of enlistment three years fromm the date of their original
enlistment.-- -
SECTION 9. That in all future editions of the laws of this Chapter
State, Chapter 15. of the 'Revised Code, as amended by Chap- =lost
ter 326' of _Volume 16, Laws of Delaware, shall be published sdheedd. as
as herebramended.
Passed at ,Dover,, Afiril 4, 1883.
42 LAWS OF DELAWARE1
OF,THE PUBLIC ARMS AND DEFENSE.
CHAPTER 25.
OF THE PUBLIC ARMS AND DEFENSE.
Chapter 15 of the Revised Code amended.
ARSENALS.
Sheriff' to SUCTION I. The arsenal in each county shall be under
keep arsenal the care of the sheriff, who shall keep the same secured. He
Els dudes. shall safely keep and preserve therein all the public arms and
accoutrements, and from time to time deliver out and receive
into such arsenal such arms and accoutrements, when re-quired
by any officer having authority to make orders there-for.
ARMS AND ACCOUTREMNTS. .
Public offi- SUCTION 2. It shall be the duty of the sheriff, justices of
armst.o
seize peace, constables, and Militia officers of each county, to
seize all public arms and accoutrements which are in any
place, or shall be in possession of any person without author-ity,
and deposit the same in the arsenal.
SUCTION 3. If suit be brought against any such officer for
such seizure, the burden of the proof shall lie on the plaintiff.
If judgment be rendered against the officer, he shall not pay
any costs, but they shall be borne by the county, and paid as
other allowances.
SEcTroN 4. It shall be the duty of the sheriff of each
county, at least once a year, to inspeEt, and, if necessary,
cause to be cleaned the arms and accoutrements of his county,
for which service he shall receive a reasonable compensation,
to be allowed by the Levy Court. If he negleEt to perform
this duty, he shall, for every offense, forfeit and pay ten
dollars.
Sellini arms SECTION 5. If any person shall sell, buy, or give away,
or have in possession without authority, any of the public
arms or accoutrements, he shall be deemed guilty of a mis-
Penalty. demeanor, and shall be fined not less than twenty, nor more
than forty dollars.
Proof.
Costs.
Arms.
Inspection.
Cleaned.
Cost.
LAWS OF DELAWARE. 43
OF THE PUBLIC ARMS AND DEFENSE:
VOLUNTEER COMPANIES.
SEcTioN. 6. It shall be lawful for the free white male citi- Volunteer
zens of -this State above the age of twenty years to organize, companies.
in the resPeCtive counties, volunteer companies of artillery,
infantry, grenadiers riflemen, and troops of cavalry, or
dragoons, Who .shall, as nearly as praCticable, be officered,
armed, equipped, and disciplined according to the army reg-ulations
of the United States. Provided, however, that in
time of peace the nuiriber Of companies organized shall not Numbercof
exceed eight, four of Which may be organized in New Castle ctou Org.n.
comity, and two in each of the counties of Kent and Sussex.
SECTION 7. The companies, or .troops, shall eleEt, by Officers.
ballot, their respeEtive officers, and whenever according to 'do" of'
the aforesaid regulations, there shall be a sufficient number
of companies or troops to compose a battalion, or a squadron, Battalions.
or a sufficient number of- battalions or squadrons to form a
regiment, then the corresponding grades of officers shall be Regiments,
eleeted by ballot by the commissioned officers of the respeEtive
companies, or troops, composing such battalions, squadrons
or regiments. Whenever there shall be a sufficient number
of regiments .to form a- brigade, the brigadier general and Brigade.'
brigade inspeetor shall be eleCted in the same manner as the
officers of a battalion, squadron or regiment ; and all the
officers to be thus chosen, and who, by the aforesaid reg- Commis- illations, are usually called commissioned 'officers, shall be slotted offi-commissioned
by the Governor for the term of seven years. Ver8r;n.
SECTION 8. The Adjutant General shall give fifteen days' Election.
notice, of eleCtions of the commanding officers of a battalion, Notice of,
squadron, regiment, or brigade, to the commanding officers
of each company or troop composing, or about to compose,
such battalion squadron, regiment, or brigade.; and each
commanding officer of a company, or troop, shall give jive
days' written notice of such eleCtion to every commissioned
officer of his company, or troop, under the penalty of any
fine, -not exceeding thirty dollars, which fine may be imposed
on him, for a failure, by a court martial.
SucnoN 9. The staff of the Commander-in-Chief shall Generals.
consist of an Adjutant General, a Quartermaster General, and
an InspeEtor General, each with the rank of brigadier general, Inspector.
one Commissary for each county and three Aids-de-Camp, Commis-each
with the rank of colonel. The Governor shall have sarY.
authority to appoint such other officers as -may be necessary Aids'
44 LAWS OF DELAWARE: -
OF THE PUBLIC ARMS AND DEFENSE.
for the proper govermnent, instruaion and discipline of the
military forces of the State. In time of .peace. the Adjutaut
General shall perform the ditties of Quartermaster General
and InspeeloroGeneral.,
Companies. SECTION Io. Each infantry company shall consist of one
captain, one first lieutenant, one. second lieutenant, One -first
sergeant, one quartermaster sergeant, .four, sergeants,. eight
corporals, two musicians, and not more than one hundred
Regiment. privates. Each infantry regiment shall consist of not less
than four nor more than eight companies, One colonel, one
lieutenant colonel, one major, one adjutant, one quartermas-ter,
one surgeon with the rank of major, one assistant surgeon
with the rank of first lieutenant, one sergeant major, one
quartermaster's sergeant, one drum major, and one hospital
steward. The adjutant and quartermaster shall be lieutenants
seleEted from the first or second lieutenants of the regiinent.
Battalions. A regiment shall be divided into two battalions. In the or-dinary
arrangement of the troops two regiments shall consti-tute
a brigade, and two brigades a division; but the Govermir
may, in his discretion, attach such numbers of regiments or
battalions to any brigade, or such number of brigades to any
division, as he may deem proper.
Troop. SECTION I I. A troop of cavalry or dragoons shall consist
of one captain, two lieutenants, one cornet, four sergeants,
three corporals, one trumpeter, one farrier, one saddler, and
Squadron. fifty-four privates. A squadron shall consist of one major, and
at least two troops of cavalry, or dragoons, and not more
than four, and shall be formed whenever there shall be two
troops of cavalry or dragoons in any brigade. A squadron
shall also be entitled to one adjutant and one quartermaster.
Artillery. When the artillery in any brigade shall form two or more
companies, they shall compose a battallion, and shall be
entitled to a major, adjutant and quartermaster. There shall
Annual ap- be annually appropriated by the State the sum of twelve proprlation. hundred dollars, for the support of the organized militia of
How ex- the State, to be expended under the supervision and direEtion
pended. of the Adjutant General, whose duty it shall be, before drawing
any warrant upon the State Treasurer, to submit the item or
items of expenditure to the Governor for his approval, and
upon the approval of the same, by the Governor, it shall be
the duty of the State Treasurer to pay- anY such warrants
Proviso, presented to him out of any moneys in his 'hands. Provided
that the amount hereby appropriated shall be divided equally
Duties of
quarter-masters
in
time of
peace.
LAWS 'OF -DELAWARE
OF THE PUBLIC ARMS AND DEFENSE.
among the companies organized Under the provisions of this
a61, who shall be of the proper Standing and. efficiency at the
muster and inspeaionmext'preceding the distribution of the
said moneys.
SEcTiok 12.. The, Commissary of each cotinty.shall have
charge of all the -Military stares in his county,- and shall-sCaMsnils-calleal
all the .public 'arms; and keep them in the arSenal. in
perfe61 order for duty.; and lie shall not give. OM the said Duties.
thins, except to the 'order Of the Adjutant General: All
fiecessarylexpense for 'keeping in Order the said public stares
and arms 'shall be, paid by the Levy Court of the -Connty Expenses.
wherein the same is incurred:. But the sheriffs of the res-pealiVe
counties shall have charge of the public arms and
accoutrements, as provided 'by. SeEtion
r'
if there be no corn-missary
in commission. The Adjutant General shall have
power to Condemn and 'sell all arms, accoutrements and
ammunition .found to be unserviceable, or which it may be Power to
deeined to the intereSt of the State to dispose of, on such caL s;lin
terms as the. Governor shall approve,. and shall allot the's,'
money received from such sale or sales fir° rata to the several
companies, troops, or batteries, in the service of' the State.
He shall make report biennially to the Governor of all moneys Biennial
so received and distributed, to be by the Governor submitted otens rot ob G
to the General Assembly at its next session. ArdjutanYt
General.
SECTION 13. Each commissary, before he enters upon the Bond.
duties of his office, shall give bond to the State, with suffi-cient'
surety, to be approved by the Governor, in the sum of
one thousand' dollars, conditioned for the faithfulperformance
of said duties ;. which bond the Governor shall immediately
forward to the Secretary of State to be filed in his office.
Bond and security shall also be given, in the name of the
State, by all officers to whom arms or accoutrements are Firearms.
delivered, for their safe return in proper order and condition.
SEcTioN 14. When it may be necessary to use any mili- Troops.
tary force for public defense against foreign or domesticoffir called
violence, the Governor shall have power, according to the For war'
emergency, to call out any volunteer companies or troops, or
any part thereof, for that purpose ; and the sheriff of any To keep, the
county, or any two magistrates thereof, may by a written
order, addressed to the captain or commanding officer of any
company, or troop, or the major' of any battalion, or colonel
of any regiment, within the county, require the aid of such
company, troop, battalion, or regiment for the suppression of
46 LAWS OF DELAWARE.
OF THE PUBLIC ARMS AND DEFENSE.
Wilmington. Wilmington may, in like manner, call upon the volunteer
How paid. every day's and night's service, whilst on such duty; the
pression of a riot and in the preservation of the .peace of said
city; and all pay and expenses thereby incurred shall be paid
by said city and not by New Castle county.
company or troop in New Castle county, to aid in the sup-dollar,
and the commissioned officers two dollars each,
force of said city, or upon the commanding officers of 'any.
shall allow each non-Commissioned officer and private one
besides all necessary expenses. . The 'Mayor of the city, of
a riot and the proteCtion of the peace of the county. For
Levy Court of the county wherein the service is required
SECTION 15. All such requisitions of military force shall
be made known to the forces, whose services are required, by
Failure to the commanding officer thereof ; and upon refusal of those
obey call. notified to attend the summons and perform the duty required,
Fines, they shall be fined as follows : each non-commissioned officer,
or private, not less than thirty nor more than one hundred
dollars, and each commissioned officer, not less than one
hundred nor more than one thousand dollars, as the court
martial shall in all such cases determine ; and furthermore
Forfeitum the commission of a commissioned officer shall become void.
had conduct SEcTroN 16. Any commissioned officer who shall be guilty
of disorderly, disobedient, or any umnilitary conduEt, at any
time when on duty, shall be put under arrest by the com-manding
officer, and tried by a court martial, and fined in
Fines, any sum not exceeding fifty dollars, or he may be cashiered
if a non-commissioned officer, or private, shall be so guilty,
he may be disarmed and put under guard, and fined at the
discretion of the court martial, not less than two nor more
than ten dollars ; and for the purposes of this section, officers
and soldiers of the militia shall be considered on duty when-ever
in the headquarters or armories of their regiment or
companies.
How re- SECTION 17. All fines imposed by a court martial, as well
covered. as by the by-laws of any volunteer company or troop, may
be sued for and recovered before any justice of the peace, in
the name and for the use of the said company or troop, if the
amount be within his jurisdielion, or in the case of a field or
staff officer, in the name of the brigadier general of the
county, for the use of the battalion, squadron, division, regi-ment,
or brigade to which he belongs. There shall be no
LAWS OF DELAWARE: 47
OF THE PUBLIC ARMS AND DEFENSE.
stay of execution on a judgment rendered for such a fine, but Execution.
the same shall forthwith be issued.
SECTION 18. - The said volunteer coMpanies or troops, Rules of war
when they, or any part thereof, shall be called into aelual
service by the authority ofthis State, or of the United States,
shall be governed 13S7 the rules and articles of war and the
regulations established for the government-of the army of the
United States.
SECTION 19. In case any company, or troop, to be raised Companies
under the provisions hereof, 'shall not, in one year from the disbanded.
appointment of its officers, contain at least twenty-five en-.
listed men, or shall be reduced under that nuniber and so re-main
for six months thereafter, such corps shall be deemed to
be disbanded, and its arms and accoutrements shall be returned Return of
to the conunissary or officer having charge of the arms for"'
the county to which such corps belongs. In case such arms
and accoutrements be not returned, upon the order of the
Governor, to the commissary or officer aforesaid in proper
order and condition, the officer who gave bond with respe&
thereto shall be liable thereon ; but the arms shall not be
demanded from any company, or troop, except as specified
by this se&ion.
SECTION 20. If any officer or soldier, belonging to any Care of
company or troop aforesaid, be wounded or disabled in the wounded,
the service of the State when called out into such service, he
shall be taken care of and provided, for at the public expense,
and fair compensation allowed him for his time and injury
if killed, his family shall receive a pension according to his Pensions,
rank, as regulated by the pension laws of the United States.
If any horse shall be taken into the service of a company, or Horses ark
troop, the same shall be appraised by the officer in conunand prai"d'
and two citizens, before the time it is actually used in such
service, and the appmisement entered in a book by the officer
who assists in making the same ; and in case such horse shall
be killed, disabled, die, or be taken by the enemy, the ownercOoln.pens
shall be paid his full value ; provided the loss has not hap-pened
by the negle& or improper condu& of the owner or his
servant and for the use of every such horse a fair compen-sation
shall be made.
SECTION 21. It shall be the the duty of the Adjutant Aditur
General to distribute to the several corps all orders from the tuntcPoi.
Governor, to attend all reviews under this aa, to obey all
orders relative to carrying into effeEt and ,perfeEting the
system of military discipline thereby, and to make the
returns and perform all the duties required of him by the
rules and regulations of the artily of the -United .States;
Annual for which he shall receive an annual salary- of two hundred_
FolanIssa- dollars. The commissaries are required; and it shall be their
rreietwurtnos mtoa.k e duty, to make return to the Adjutant deneral, in such form
as he shall direEt, Of all military stores, - Magazines and arms
in their charge, in order that he may. be enabled- to lay before
the Major General the effeEtive force and condition of the
Military deparinient of the State that the same may be
transmitted to the General' Assembly at its sessions. - If any,.
Neglect, officer refuse or negieEt to perform the duties required Of him
by this seEtion, be may be fined, at the discretion Of a court
Penalty s. martial, any sum not exceeding twenty dollars.
Reviews.
Courts mar-tial.
Approving
sentence.
Judge advo-cate.
Charges.
Default.
'rime.
LAWS OF DELAWARE:
OF THE PUBLIC Apis AND DEFENSE.
SECTION 22. The Governor may review the volunteer
forces of this State at his pleasure, and the ranking officer, in
command of the troops, shall inspeEt all the troops under his
command at least once a year, and report the result Of such
inspeaion to the Adjutant General.
SECTION 23. The Governor shall appoint courts martial
for the trial of all officers above the rank of first lieutenant;
and the ranking officer in command of troops shall appoint
them for the trial of lieutenants, agreeably to the rules estab-lished
by Congress. It shall be the duty of every officer who
shall appoint a court martial to approve or disapprove its
sentence, and at the time of such appointment he shall ap-point
a Judy Advocate, whose duty it shall be impartially to
state the evidence fbr and against the party on trial, and to
take accurate minutes of such evidence and all the proceed-ings
of the court, all of which, tdgether with the judgment
of the court, he shall transmit, under seal, to the officer
whose duty it is to approve or disapprove such judgment.
Every officer put under arrest, or suspended from command,
shall have a copy of the charges exhibited against him ten
days before the sitting of the court; and in case any officer,
for the trial of whom a court martial shall be ordered, shall.
negleEt to appear and make his defense, he shall be deemed
by the court guilty of the charges, and sentenced accordingly,
unless he was prevented by sickness or unavoidable accident,
which shall be made appear to the satisfaEtion of the court.
The officer ordering a court martial shall in such order state
the time at which it shall convene,- and in cases where a vote
LAWS OF DELAWARE;
OF THE PUBLIC ARMS AND DEFENSE.
is required for decision the youngest member in commission.
shall vote first. All persons shall be held 6 appear and give Witnesses.
evidence before such courts, under the same penalties as
witnesses summoned by a justice. of the peace. If any sub- Neglect to
altern Or private shall omit to serve on a court martial, when
duly -notified, he, shall be fined,. if a subaltern, four dollars, ram.
and if a private two 'dollars, unless excused by the command-jug
officer of the company.
SECTION 24. All courts martial for the trial of non-corn-Courts for
missional officers and privates, shall be appointed by the !it
captain or commanding officer of the company, and shall alcurs
consist of one subaltern and four privates, the subaltern to be organiza-the
president ; and at such courts martial no person shall be
excused, unless it be made to appear satisfaEtorily to the
court, by the testimony of a credible witness, that he was
prevented by sickness of himself, or family, or such other
unavoidable circumstance as demanded his personal atteii-tion.,
SECTION 25. Each member of a court martial shall, Oaths.
before he proceeds to his duty, take an oath or affirmation
that he will faithfully and impartially perform the duties of a
member of the said court martial; which oath may be admin-istered
by any commissioned officer, or by the president of
the court.
SECTION 26. That all officers known as commissioned Commis-officers,
eleEted and appointed under the authority of this scrt(01
chapter, shall, before entering upon the duties of their several swc1".
offices, take and subscribe an oath to faithfully perform the
duties of their respealive offices in the following form, vii:
STATE OP DELAWARE,
County, ss.
of , do solemnly Form of
swear to support the donstitution of the United States, and oath'
the Constitution and Laws of the State of Delaware, and
that I will obey the orders of the Governor of the State of
Delaware and the lawful orders of any superior officers,
according to the laws of the State of Delaware.
Sworn and subscribed before me this day of
.7
49
50 LAWS OF DELAWARE.
OF mg PUBLIC ARMS AND DEFENSE.
admin.
whom This oath may be administered by any officer of' this State
istcred, now authorized by law to administer oaths, or by any general
or field officer who May have previously. sworn and sub
SFeilcerde tawriyth of scribed to the same. A copy of the said oath shall be filed
State. with the Secretary of State.
tnlisted
men to be
sworn.
Form of
oath.
SECTION 27. That all persons enlisting in the Militia
service of the State of Delaware shall enlist for the term of
three years, and shall immediately upon such enlistment.take
and subscribe an oath in the following form, viz
STATE OF DELAWARE,
County, ss.
, of the county of and State of
do hereby acknowledge to have voluntarily enlisted
[or re-enlisted] this day I 18 as a soldier
in the volunteer militia of the State of Delaware, for the
period of three years, unless sooner discharged by the proper
authority, and do also agree to accept from the. State of
Delaware such bounty, pay, rations and clothing as are or
may be prescribed by law, and I, , do solemnly
swear [or affirm] that I will bear true faith and allegiance to
the State of
Delaware'
and that I will obey the orders of the
Governor of the State of Delaware and the orders of the
officers appointed over me according to the laws of the State
of Delaware.
[Msa..]
Sworn and subscribed before me this clay of
fl whom This oath may be administered by any officer of this State
11ta authorized to administer oaths, or by any commissioned
officer in the military service of the State of Delaware.
Discharges. SECTION 28. The commanding officer of the regiment
shall have power, upon the recommendation of company
commanders, or when satisfaEtory reasons are given, to grant
an honorable discharge to any enlisted man whose term of
enlistment may not have expired, and he shall also issue to
all enlisted men having faithfully served their term of enlist-ment
an honorable discharge, under his band, from the service
of the State. No dishonorable discharge shall be given ex-cept
upon sentence by a court martial..
LAWS OF DELAWARE.
TITLE FOURTH.
Of Elections.
CHAPTER 26.
GENERAL PROVISIONS RESPECTING ELECTIONS.
AN ACT to amend Section 1, Chapter 16, Revised Statutei of the State
of Delaware.
Be it enaeled bj, the Senate and House oi Representatives
of the State of Delaware in General Assembly met
SEMON 1. That Seaion ist, Chapter 16. of the Revised section
Statutes of the State of Delaware, be and the same is hereby .6,
amended by striking out all of said Seaion after the word Code,
"hundreds, in second line of said seaion, and inserting inamended,
lieu thereof the words "wards) precinas'or eleaion districts,
in which they shall respectively have resided at least fifteen
days immediately prior to the time of voting, and not else-where."
Passed at Dover, February 13, 1883.
CHAPTER 27.
GENERAL PROVISIONS RESPECTING ELECTIONS,
AN ACT to amend Section is of Chapter 16 of the Revised Statutes.
Be it encucied by the Senate and House of Representatives of
the State of Delaware in General Assembly met, as follows:
SECTION r. That Seaion 12 of Chapter 16 of the Revised Section la or
Statutes be and the same is hereby amended, by adding, at z6,
the end of said seftion, the following words, viz :
Code,
, amended,
52 LAWS OF DELAWARE.
GENERAL PROVISIONS RESPECTING ELECTIONS.
Accepting And if any person shall accept or receive any thing so
bribe misde-manor.
given, offered or promised as above, with the interit,..pitrpose
and objea in this seCtion specified; such. persons shall also be
deemed guilty of a misdemeanor, and upon conviEtion thereof
Forfeiture. shall, for the period of four years from such CoriviCtion, forfeit
all the rights and privileges of an eleCtor, and in, case of a
second or any subsequent conviction, for a like offense; shall
forfeit all the rights and privileges of an eltelor for the period
of eight years from the date of any such cOnviCtion, and -
shall also, during the period of such disfranchisement, be -
Proviso. incompetent to serve as a juror. Provided, however, that
when any person, a party to such prohibited transaeltiOns,
Informer not shall inform against the other party thereto, and 'shall 'give. indictable. evidence against such other party upon a trial, the person so
testifying shall not be indieled for that offense.
Passed at Dover, Illarch,7, 1883.
CHAPTER. 28.
GENERAL PROVISIONS RESPECTING ELECTIONS.
AN ACT to amend an act entitled "An act to provide a Uniform Ballot for
Election Purposes," passed at Dover, April 8th, 188x.
Be il enatcled by the Senate and House of Representatives -- of the Stale of Delaware in General Assembly met
Section ict SEcrroN r. That SeEtion one of Chapter 328. of Volume .-
cVhovluimere3 I2d8, , I6-of the Laws of Delaware, bntitled "-An aet to providee
amended, uniform ballot for eleCtion purposes," be and the same
hereby amended by striking out the words "six incheS:.long,
and three inches wide,'' where the same occur in the -6th and.
7th lines of said sedion, and inserting in lieu thereof the
Dimensions words "not less than six inches nor more than six and -.one- of ballots, quarter inches long, and not less than three nor more than
three and one-quarter inches wide."
Further amend said SeEtion r by inserting between the.:
word "counted" and the word " and," in. the 39th line
Proviso, thereof, the words following : "and firovided fUrlher,
no spot, mark, defeat or blemish in said paper, made
caused in and by the manufacturing thereof, or in the Print-,
LAWS OF DELAWARE. '53
GENERAL PROVISIONS RESPECTING ELECTIONS.
ing of said ballots; with no intent to violate the provisions of Mims no
this ae-t- shall in any way affect. or destroy, the validity -of said invalidated
by mown-ballot
or catise it to be rejeaed." Lions! de-fects
in
Further aniend said seelion 'by inserting between the Word pEar Pi re trn"g.d
''substituting''t''substituting''and the 'word " another, ' in the 43(1 line of pruorv ihsoe.r
said seEtiOn, the Words "or not substituting."
Passed at Dover, Afiril 13, 1883.
CHAPTER 29.
OF THE ELECTION OF ASSESSORS AND INSPECTORS.
AN ACT in relation to the Election of Assessors and Inspectors.
Be it enaRed by the Senate and House of .Reibresentatives
of the Stale of Delaware in General Assembly met:
SECTION 1. That hereafter,. the eleEtion of assessors for Time and
the several: hundreds in the respeEtive Counties of this State,giolCI?n°gf gen-and
assessors for tie assessment distriEts in Wilinington hun- teriao nleleC
dred, and the eleEtion of inspeaors of the several hundreds
and eleaion distriEts in this State; shall be held by ballot
biennially, in the hundreds and eleEtion distriels aforesaid, on
the Tuesday next after the first Monday in November, at
the same time and in the Same places as are now by law
appointed for holding the , general eleelion, and the said
assessors and inspeelors shall be voted for upon the same
ballots voted for other Officers eleeted at the general eleEtion
aforesaid.
SEcTioN 2. Immediaiely upon closing the eleEtion afore-said
and ascertaining the state of the vote, the inspeEtor and
judges of the eleEtion in the several hundreds aforesaid, shall
make and sign four certificates of the persons eleEted as Strc'ctig!
assessor and inspeEtOr for Said hundred, and shall cause the
same to be transmitted without delay, to wit : one to the To whom
assessor eleEted, one to the inspeaor elected, one to the Clerk delivered.
of the Peace of the county; to be laid before the Levy Court,
and one to the Sheriff of the county. Said certificates shall
be of the following form, viz:
54 LAWS OF DELAWARE.
OF THE ELECTION OF ASSESSORS AND INSPECTORS.
COUNTY, SS.
At an eleaion held in hundred, on the Tuesday
next after the first Monday in November, in the year of our
Lord one thousand eight hundred and
was duly eleEted Assessor, and was duly eleaed
Inspeaor.
In testimony whereof we, the judges of said eleEtion,, who
were in due manner sworn or affirmed before opening said
eleaion, have hereunto set our hands the day and year afore-said.
The person having the highest nuniber of votes for said
offices, respeEtively, shall be chosen ; but if two or more
persons shall have an equal and at the same time the . highest
number of votes for either of said offices the inspeaor shall
give an additional casting vote.
SECTION 3. If the hundred in which said eleaion is held
is divided into two or more eleaion distriEts, the inspeEtor and
judges of the eleEtion in each of said distrias shall make and
sign certificates according to Seelion 2 of this act, varying
from the form therein prescribed for that purpose by omit-ting
the assessor, and in lieu of including the eleEtion of
assessor in such certificate they shall make and sign a certifi-cate
of the number of votes given for each candidate voted
for as assessor.
Meeting of SEcTioN 4. The inspeaor and judges of each eleEtion 'LT= distria, where said hundred is divided into two or more elec-tion
distriEts, shall assemble on the day next succeeding said
Time, general eleaion, at 12 o'clock, M., at the place of voting in
said hundred as now by law required for the place of assem-bling
of the presiding officers and judges of the eleEtion here-tofore
held on the first Tuesday of 06tober respeEtively, and
Ascertain- shall .ascertain the aggregate number vmoetenst . of the distrias of said hundred for each ofp evrosotens vgoivteedn fionr faollr :
assessor. The candidate having the highest number of votes
shall be declared duly eleaed assessor. If two candidates for
m. said office shall have the highest and an equal number of
votes an additional casting vote shall be given by the
inspeaor of that eleaion distria in said hundred as now by
law given to the presiding officer of said distria of the elec-tion
heretofore held on the first Tuesday in Oaober for the
N li- ot npp eleEtion of assessors and inspeEtors. Provided, however, that
cable to the provisions of this seEtion shall not apply to Wilmington ttrel hundred.
Form.
Counting of
votes.
Tie.
Division of
hundred
into several
districts.
Form of
certificate.
LAWS OF DELAWARE. 55'
Of THE ELECTION OF-ASSESSORS AND INSPECTORS.
SECTION 5. The inspeEtors and judges of the several Alceting of
eleEtion distriEts of Wilmington hundred, immediately after anaTtcres.
making the certificates required by SeEtion 3 of this aEt, shall Time.
assemble- in the City Hall, and the inspeEtors and judges of
the ele6tion distriEts comprised within the first. assessment Firstress-distriel
as laid out and established by the .a6t entitled "An- a& tmriTit!
providing for the elealion of three assessors for Wilmington
hundred," passed April 6; 1883, shall ascertain the number of counting of
votes given -for assessor in the said eleEtion distriEts so coin- votes.
prised as dforesaid; and the candidate having the highest
number of votes shall be declared assessor of the said first
assessment distriet. And the said inspeEtors and judges last
aforesaid shall make, sign and deliver certificates of said Certificates
eleetion in the .manner prescribed by this aEt for certifying of election.
the eleEtion of the assessors of the several hundreds; and the
inspeEtors and judges of the ele6tion distriEts comprised
within the second assessment distriEt as laid out and estab- Second
lished by the a& aforesaid, shall ascertain the number ofLsteisiscrnt.ent
votes given for assessor in the different eleetion distri&s so
comprised as aforesaid, and the candidate having the highest
number of votes shall be declared eleEted assessor of the
second assessment distriel, and the inspeEtors and judges
last aforesaid shall make, sign and deliver certificates of said
election in the manner prescribed as aforesaid; and the in-speEtors
and judges of the eleEtion distrias comprised within
the third assessment distriEt as laid out and established by Third
the a& aforesaid, shall ascertain the number of votes
assessor in the different election distriEts so comprisgeidve nfaosr
aforesaid, and the candidate having the highest number of
votes shall be declared assessor of the said third assessment
distriEt ; and the inspe&ors and judges last aforesaid shall
make, sign and deliver certificates of said eleEtion in the
manner prescribed as aforesaid. If two candidates for the Tie.
office of either of the assessment distriEts aforesaid shall
receive the highest and at the same time an equal number
of votes, the inspeEtors of the eleelion distriEts comprised Inspcctors
within the assessment distriEt in which the same shall torri. ctthseo,duitsy-. happen shall agree upon and give a casting vote.
SucTioN 6. The duties of the assessors and inspe&ors Dudes a
eleEted under the provisions of this a61 shall be the same as:171=c-those
prescribed by law for the assessors and inspeEtors here- tors.
tofore elected on the first Tuesday of 06tober, and all laws Printbliaws
applicable to assessors and inspe&ors heretofore eleEted tui nder awPriP.,;..4
the provisions of Chapters 17 and 19 of the Revised Statutes =la.
56 LAWS OF DELAWARE:
OF THE ELECTION OF ASSESSORS AND INSPECTORS.
of this State, and not inconsistent with this aft, shall apply
to assessors and inspeaors of the several hundreds and assess-ment
distrias hereafter to be eleaed under the provisions of
this aa.
Inspectors SECTION 7. For the purpose of carrying into effea the
east gen-art
all election . obje a and purposes- of this aa, the inspe6tors at the last
general eleaion in the several hundreds and eleaion distrias
in this State shall be the inspeaors in said several hundreds
and eleEtion distrias at the general or any special eleaion.to
be held next succeeding the passage of this aa; and in case
Vacancies, of any vacancy among said inspeaors by death, resignation,
removal out of the 'hundred or eleEtion distria, refusal. to
serve, or otherwise, or in case of any such vacancy among
the inspeEtors to be hereafter eleaed as aforesaid, the Levy
Levy Court Court of the county in which such vacancy shall happen
may aPPamt shall appoint some qualified voter of such distria or hundred
to be the inspeaor thereof, who shall have all the powers and
perform all the duties given to and imposed upon inspeaors
of said eleaion; and in case of such vacancy, it shall be the
duty of the chairman of the Levy Court in the respeaive
counties for the time being, and he is hereby authorized to
Special call a special meeting of said Levy Court for the purpose of meeting of
Levy court. filling said vacancy; but if, from any cause, such vacancy
exists at the time of holding said general eleaion the pro-visions
of Seaion io, Chapter 18 of the Revised Code, 1874,
shall apply as heretofore.
Meeting of SECTION 8. The Levy Court of each county shall meet
when.
Levy (-curt. at the Court House in said county on the Tuesday next after
Object, the general eleaion for the purpose of qualifying said asses-sors
hereafter to be eleaed under, this aa, and giving to them
Instructions the instruaions and performing such other duties as are to assessors, prescribed by the provisions of SeEtion 8, Chapter 8 of the
Revised Code, entitled "Of the Levy Court ;" and the said
Levy Courts may, in case of necessity, appoint another day
or other days for the appearance of the assessors, or any of
them, to take their official oath and receive the instruaions
aforesaid.
SECTION 9. All aas or parts of aas inconsistent with the
provisions of this aa be and the same are hereby repealed.
Passed at Dover, Afiril 13, 1883.
LAWS OF DELAWARE. 57
OF THE ELECTION OF ASSESSORS AND INSPECTORS.
CHAPTER 30.
OF THE ELECTION OF ASSESSORS.
AN ACT providing for the Election of three Assessors for Wilmington
Hundred.
Be it entitled by the Senate and House of Representatives
of the Slate of Delaware in General Assembly met:
SECTION I. That for the ' purpose of a more convenient Three
assessment of persons and. property in Wilmington hundred 35.:ert.e."`
of the County of New Castle, the Said hundred shall be
divided into three assessment distri&s, as follows:
All the portion of said hundred comprised within the limits Boundaries.
of the First, Second, Fourth and Eighth Wards of the City of
Wilmington, as now laid out and established by law, shall be
the first assessment distria of the said hundred; and all that
portion Of the, said hundred comprised within the limits of
the Third, Fifth, Tenth and Eleventh Wards of the said city,
as now laid out and established by law, shall be the second
assessment distria; and all that portion of the said hundred
comprised withinthe limits of the Sixth, Seventh and Ninth
Wards of the said city, as now laid out and established by
law, shall be the third assessment distria.
SECTION p.. That air eleEtion for the purpose of choosing Elections.
an assessor for each of the said assessment distriaS shall be
held at the time and in the manner prescribed by Chapter 17 When held,
of the Revised Statutes of this State, pursuant to the laws
now in force as to the eleEtion of county officers in the City
of Wilmington.
SErrioN 3. That every citizen qualified to vote for in-speaor
of an eleaion distria in. the said hundred of Wil-lIlCtIlay cl. ers
mington may vote for an assessor of the assessment dishiel
within which such election distriEt is Comprised, and no
person shall be eleaed assessor under the provisions of this Qualltica-a61
who shall not at the time of the eleetion be a freeholder=for.
within Wilmington hundred and a resident in the assessment
distri6t for which he shall be eleaed.
SgcrioN 4. Immediately after making the certificate re- Meeting of
quired by Section 8 of Chapter 19 of the Revised Statutes of °I11"N.
LAWS. OF DELAWARE.
OF THE ELECTION OF ASSESSORS AND INSPECTORS.
When and this State, the presiding officers and judge,s of the several
where. election distrias of the said hundred shall assemble in the
City Hall, and the presiding officers and judges of the eleetion
distrias comprised within the first assessment distria afore-said,
as laid out and established by the first seaion of this
Ascertain-. act, shall ascertain the number of votes given for assessor, in
ment
vole. the said eleEtion distrias so comprised as aforesaid,. and the
candidate having the highest number of votes shall be de-clared
assessor of the said first assessment distriEt; and the
presiding officers and judges last aforesaid shall make, sign
Certificates. and deliver certificates of said eleEtion in the manner pre-scribed
by law for certifying the eleCtion of the assessors of
the several hundreds. And the presiding officers and judges
of the eleCtion distriEts comprised within the second assess-ment
distria, as laid out and established by the first seCtion
of this act, shall ascertain the number of votes given for
assessor in the different eleEtion distrias so comprised as
aforesaid, and the candidate having the highest number of
votes shall be declared duly eleEted assessor of the said second
assessment district; and the presiding officers and judges last
aforesaid shall make, sign and deliver certificates of said
. eleaion in the manner now prescribed by law as aforesaid.
A11& the presiding officers and judges of the eleEtion distrias
comprised within the third assessment distria, as laid out
and established by the first seEtion of this del, shall ascertain
the number of votes given for assessor in the different eke-lion
distrias so comprised as aforesaid, and the candidate .having
the highest number of votes shall be declared duly eleaed
assessor of the said third assessment distrial; and the pre-siding
officers and judges last aforesaid shall make, sign and
deliver certificates of said eleation in the manner now pre-scribed
by law as aforesaid. If two candidates for the office
Tie, of assessor of either of the assessment distrias hereby laid
out and established shall receive the highest and at the same
time an equal number of votes, the presiding officers of the
eleEtion distrias comprised within the assessment distria in
which the same shall happen shall agree upon and give a
casting vote.
SECTION 5. The duties of the assessors eleaed under the
provisions of this ael shall, within the assessment distrias
hereby established, be the same as those prescribed by law
for the assessors of the several hundreds, and all laws appli-cable
to assessors eleeted under the provisions of Chapters
17 and 19 of the Revised Statutes of this State and not incon-
Duties of
A5SesSUIR.
LAWS OF DELAWARE: 5§
OF THE ELECTION OF ASSE.SSORS AND INSPECTORS.
sistent with thiS4a, shall 'apply to assessOrs of the asiessineUt
distri&S hereby established.
SEC'k0i4 6 That the assessors of the first and second A;siesson
assessment diStii&S . of said hundred' now in Office shall be 71411Cloul
assigned to such of the distrials. hereby created as the Levy
Court of New Castle county shall; by resolution, determine;
and after such assignment shall be the assessors of such dis-respeetively,
to all intents and purposes, and perform
all the duties of assessors in the same now prescribed by
law for the -assessors of the several hundreds; hold their
said offices subject to the laws now regulating the same,
and until the terms for which they were eleEted shall ex-pire
by law. And the said -Levy Court shall also appoint Additional
an additional assessor for the remaining distrias hereby
created, who shall hold office until, the next eleaion of
assessor under the law and the provisions of this aa; who
shall, by -virtue of such appointment, be clothed With all the
powers and subje& to all the duties of an assessor within the
said distri& now prescribed by law, as fully as if he had been
eleCted under the provisions of this aa.
SECTION 7. That the said Levy Court shall assign each Assigned
of the assessors now eleEted to one of the distriels created1,,Ngy
under the provisions of this aCton the first Tuesday in May the pros-tt
y of the present year, and at the same tine shall appoint the ear.
additional assessor for the remaining, districts. Each of said Aso to
assessors shall appear before said Levy- Court on the third rerinr:bey-
Tuesday in said month, and on any other day the said court CorditIvirrodi
may require, to be qualified, and also to be instruCted in their iditit;, 24b.
duties as such assessors, and shall immediately thereafter q"litled.
enter upon their duties under the provisions of this aa
SECTION 8. That upon such qualifications, each of said Duty of As'
assessors shall make a general assessment of all the real and 's' personal property in his distriel liable to taxation, and shall
also assess the poll rate of every freeman of the age of twenty-one
years and upwards. Each assessor shall complete the
assessment for his distriet by the first day of January next,
and such assessment shall be posted, correaled, and re-turned
to the Levy Court, as now provided by law; and all
the laws now in 'force relating to general astessments shall Assessment.
apply to the assessment to be made under this aa, save such gineor'eff,7'Is1.1
as may be inconsistent herewith. The assessments made sessment'
under this ael, however, shall stand and be aEted on until
LAWS OF DELAWARE:
OF THE GENERAL ELECTION.
the next general assessment, as now provided by the statutes
of this State.
SEcriox 9. That all aas or parts of a&s inconsistent
herewith be and the same are hereby repealed.
Passed al Dover, April 6, 1883.
CHAPTER 31.
OF THE GENERAL ELECTION.
AN ACT in relation to the Election of Road Commissioners in New Castle
County.
Be enaRed by The Senate and House of RePresentalives
of Ike Slate of Delaware in General Assembly mel
Election or SECTION 1. The qualified voters of the several hundreds in
mad CIMI-a:
013011CM New Castle county 'shall, biennially, at the general eleEtion
held on the Tuesday next after the first Monday in Novem-ber,
elea the road commissioners for said hundreds, according
to the rotation now established. All of said commissioners,
Term of whose terms of office would otherwise have expired before
the time of holding the general eleEtion next after the pas-sage
of this ael, shall continue to hold office until the time
of holding the same.
c.rtificam. SEC'rrOi 2. Immediately upon closing the eleEtion afore-said
ill the several hundreds, and ascertaining the state of
the vote, the inspeCtor and judges of the eleEtion in said
hundred, unless said hundred is divided into two or more
eleEtion distri&s, shall make and sign certificates of the
person or persons ele&ed road commissioner or commis-sioners,
as the case may be, and shall cause the same to be
To whom transmitted without delay, to wit: One to each of the road
trammitted. commissioners elefted, and one, to the Clerk of the , Peace of
the county, to be filed in his office.. Said certificates shall
be of the following form, viz:
LAWS OF DELAWARE6
OF THE. GENERAL ELECTION,
NEW CASTLE COUNTY, SS. Form.
At the general eleEtion held in hundred on the
Tuesdak next after the first Monday in the year of our Lord
one thousand eight hundred and -, was duly
eleEted road cominiSsioner for said hundred.
In testimony whereof we, the judges of said ele6tion for
said hundred, have hereunto set our hands the day and year
aforesaid.
SEcnoisz 3. If the said hundred in which said eleaion is Certifica